IRS Audit Selection

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Audit Selection

Selecting a return for audit does not always suggest that an error has been made. Returns are selected using a variety of methods, including:

Random selection and computer screening – sometimes returns are selected based solely on a statistical formula.
Document matching – when payor records, such as Forms W-2 or Form 1099, don’t match the information reported.
Related examinations – returns may be selected for audit when they involve issues or transactions with other taxpayers, such as business partners or investors, whose returns were selected for audit.

IRS Audit Methods

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An audit may be conducted by mail or through an in-person interview and review of the taxpayer’s records. The interview may be at an IRS office (office audit) or at the taxpayer’s home, place of business, or accountant’s office (field audit). The IRS will tell you what records are needed. Audits can result in no changes or changes. Any proposed changes to your return will be explained.

Your Rights in an IRS Audit

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Publication 1, Your Rights as a Taxpayer, explains your rights as a taxpayer as well as the examination, appeal, collection, and refund processes. These rights include:

  • A right to professional and courteous treatment by IRS employees.
  • A right to privacy and confidentiality about tax matters.
  • A right to know why the IRS is asking for information, how the IRS will use it and what will happen if the requested information is not provided.
  • A right to representation, by oneself or an authorized representative.
  • A right to appeal disagreements, both within the IRS and before the courts.

IRS Audit Records Requirements

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A written request for specific documents needed, will be provided to you.

The law requires you to retain records used to prepare your return. Those records generally should be kept for three years from the date the tax return was filed.

The IRS does accept some electronic records. Contact your auditor to determine what can be accepted to ensure a software program is compatible with the IRS’s.

When should a Probate be opened in Nevada?

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Information provided by the State Bar of Nevada  http://www.nvbar.org/sites/default/files/probate%20and%20administration.pdf

As soon as practical following the person’s death.  In Nevada, if the total amount of the deceased person’s assets exceeds $20,000, or if real estate is involved, probate (or administration) will be required and there is normally no reason to delay starting the process.  Nevada law requires a person in possession of the deceased person’s will must “deliver it to the clerk of the district court” within 30 days of the death. If a Probate or Administration of an estate is not required,
how do I inherit a deceased person’s assets?

If there are no real estate holdings and the value of the estate does not exceed $20,000, certain surviving family member(s) or a person entitled to inherit the property from the estate may initiate proceedings 40 days after the death.  Without any court proceeding, these parties may use a form called Affidavit of Entitlement permitting the release of the assets from any person or business holding those assets (such as a bank, stock brokerage company or pension plan  administrator).

 

What is probate

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Probate is a court-monitored process of proving the validity of a will, transferring property, and settling the affairs of the deceased’s estate.  If there is no will, a similar process known as Administration is used to settle the deceased’s affairs.

Information provided by the State Bar of Nevada

Do I Need a Will?

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I hear this question quite a bit. The answer is not always a yes or a no. However, after talking to your attorney you should have a better idea on whether a Will is something that you need. To start you should know some of the benefits of having a Will and also some of the reasons that not everyone needs a Will.

One of the biggest benefits to having a Will is being able to control what happens to your estate when you die. If you do not have a Will, then your estate will be subject to varying state laws. So, if you are married, do not count on everything being passed to your spouse. Some states have adopted laws that split your estate between your spouse and your children. With a Will you have the choice of who receives your estate and what percentage.

Another benefit is naming a guardian for minor children. If something were to happen to you and/or the other parent who do you want to care for your children? A Will provides a simple way to make sure that your children do not end up with someone that you feel is unprepared or unsuited to take care of your children.

Finally, a Will gives you the choice of appointing someone to take care of your final wishes. If you do not feel like your spouse or close family members have the ability to successfully carry out your wishes then a Will gives you the power to name someone that you feel more comfortably about.

There are some reasons that you may not need a will. For example, life insurance, pension accounts, joint accounts, and revocable trusts are all devices that an owner can name a beneficiary during life, and the asset will transfer to the named beneficiary at the time of the death of the owner without the need of probate or a will.

If you have questions or need advice you should contact an estate planning attorney to assist you. As with other areas of law, the estate planning rules change from time to time and vary state to state.

 

Cort Arlint presents at a town hall foreclosure meeting

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Local Pros Dispense Free Advice

Written by  Jared Bogens Francisco

Nevada may be known as the Silver State, but right now the general economic decline that is being felt around the country, along with other financial problems, has given the state more than its fair share of hardship.

People are fighting to keep their homes, jobs, and businesses, and in some cases, their spouses and children.

In an effort to help Henderson residents with some of those concerns, a small panel of experts including a realtor, a marketing specialist and a handful of lawyers from various fields conducted a free panel on April 12 to help address some of the issues that are plaguing the residents of Henderson. The group will hold a second panel, also free, on May 10 at 7 p.m. at Ticor Title, 2240 Paseo Verde Pkwy.., Ste. 190.   With so many residents financially broke, out of work, or just in a difficult financial situation, words like bankruptcy, foreclosure, and short sale are quickly becoming all too familiar with the general public, yet most people fail to understand the exact nature of those terms or their implications, panel members said.

The members of the panel all specialize in different fields and bring a range of different perspectives that allows them to see other aspects of the problems that they deal with on a day-to-day basis. The joint effort of this group aims not only to help those who attend, but also to give everyone involved a fresh new look at financial problems and, possibly, solutions that are more palatable.

Financial planner Jocelyn Holzwarth told those in attendance that one of the biggest and most commonly made mistakes is to simply quit making payments on the seemingly insurmountable debts. Many who are feeling the increasing pressure from foreclosures and dwindling home values simply decide to stop paying on their homes and inadvertently give up options that could not only help them in their struggle but, in most cases, they didn’t even know they were entitled to, she said.

Another small bit of advice, given by certified public accountant and attorney Cort Arlint, is that people with more than one residence can usually keep their primary residence; however, depending on what they do with other big-ticket items, such as cars, boats, or other homes, those items could actually end up counting as a source of income and be subject to taxes, fines or other penalties.

All in all, the seven-person panel of professionals was there to help give advice. In many cases, these financial problems, which are enough trouble by themselves, are often compounded by others issues, such as divorce.

It is especially because of the complexity of this national financial crunch that most people don’t even know how to begin to deal with these problems, panel members said, which is why they hope to help at least a few by lending their expertise.

 

Copy of an article written by the Henderson Press and can be found at the following URL  http://www.hendersonpress.com/business/item/395-local-pros-dispense-free-advice

 

Message from the firm

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Welcome to our website.  Arlint & Armstrong is a law firm serving clients in Las Vegas and Henderson Nevada. Browse around and you will find our contact information, listing of services, information about our attorneys and much more.

Make sure to check out our legal blog where we post updated legal information and relevant news topics.  We look forward to working with you to solve all of your legal needs.

Sincerely,

Cort Arlint & Derek Armstrong

Office Location

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Our office is located in Henderson Nevada.  We serve clients throughout Nevada but a majority of our clients are individuals and small businesses from the Las Vegas Valley.

In 2010, we moved into a brand new office on Horizon Ridge Parkway in beautiful Green Valley Ranch area.