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California Tax Attorneys

Most people in California need to file income taxes with the federal and state government in California on an annual basis, but there are situations in which people either fail to properly file their taxes or the taxes could have some errors in the documents. People can quickly find themselves involved in tax disputes with such authorities as the California Department of Tax and Fee Administration (CDTFA), the California Franchise Tax Board (FTB), the Employment Development Department (EDD), or the California State Board of Equalization (BOE).

People need to understand that regulators are not as forgiving with basic errors, and a person could be at risk of a simple mistake being construed as a deliberate attempt to avoid a tax liability. Any person who is dealing needs tax help in California is going to want to be certain that they quickly hire an experienced tax lawyer for help finding a solution to their tax issues.

Anderson Bradshaw has more than three decades of experience handling tax issues and regularly assists clients in getting much needed tax debt relief. We handle such issues as:

Offers in Compromise

The Internal Revenue Service (IRS) states that an offer in compromise allows people to settle their tax debts for less than the full amounts they owe. The IRS will consider a person’s ability to pay, income, expenses, and asset equity.

The IRS will generally approve an offer in compromise when the amount a person offers represents the most the agency can expect to collect within a reasonable period of time. A person is eligible to apply for an offer in compromise if they filed all required tax returns and made all required estimated payments, are not actively involved in an open bankruptcy proceeding, have a valid extension for the current year return, and are an employer that made tax deposits for the current and past two quarters before applying.

If a person applies for an offer in compromise and the IRS cannot process the offer, the agency will return the application and offer application fee as well as applying any offer payment included to the balance due. Payment options in these cases generally include lump sum cash payments of 20 percent of the total offer, after which a person pays a remaining balance in five or less payments, or periodic payments under which people pay balances in monthly installments.

If a person meets the low income certification guidelines, they will not have to send the application fee or the initial payment or make monthly installments while the IRS reviews the offer. If an offer is rejected, a person can appeal within 30 days using Request for Appeal of Offer in Compromise, Form 13711PDF and the IRS Independent Office of Appeals also offers additional assistance.

Stopping Tax Levies & Liens

The FTB is the state agency responsible for issuing tax liens and the Internal Revenue Service (IRS) is the federal agency that handles tax liens. A tax lien is a government’s legal claim against property when a person neglects or fails to pay a tax debt, and a lien protects the government’s interest in property, such as real estate, personal property, or financial assets.

The IRS has information about getting liens released, noting that the agency is required to release a levy if it determines that a person paid the amount they owe, the period for collection ended prior to a levy being issued, releasing the levy will help a person pay their taxes, a person enters into an Installment Agreement and the terms of the agreement do not allow for the levy to continue, a levy will create an economic hardship that prevents a person from meeting basic, reasonable living expenses, or the value of property is more than the amount owed and releasing a levy will not hinder the IRS’ ability to collect the amount owed.

When the IRS denies a request to release a lien, a person has the right to appeal. You will want to hire an attorney for help fighting tax liens.

IRS Audit Defense

Both the IRS and the FTB have the power to audit small businesses and individuals throughout California. Audits occur for various reasons, including businesses being cash-heavy, major changes in expenses, or incomplete tax filings.

When a person receives a notice about an audit, a notice about a possible penalty is likely to follow. You will want to make sure you have a lawyer who can fight any penalties.

IRS audits typically go back three years, although the agency can make exceptions in cases of major errors. Tax audits can be a lot of work for any business, so it is always wise for any company to ensure it has legal representation for help securing IRS tax debt relief.

Unfiled Tax Returns

People who do not file their taxes can face various penalties, including having to pay interest and fees, facing liens and levies, or possibly criminal charges in some cases. When a person does not file a tax return in California, the FTB can audit any prior tax return regardless of age and may send a person a Demand for Tax Return Letter.

FTB penalties will often be a percentage of the total tax amounts. With the IRS, the federal agency could file a Substitute for Return on a person’s behalf when they do not file a tax return, and people can end up with higher tax bills than what they actually owe if they do not get IRS tax help.

Innocent Spouses

Innocent spouse relief is usually available when joint returns are filed and an affected couple is still married and living together in the same household. Such cases involve an understatement or deficiency in reporting of the full tax amount owed.

Any underreporting of taxes is the responsibility of only one spouse and the attribution of an underreported tax to only one spouse should be reflected in the audit report. A filing spouse must establish that they did not have actual or constructive knowledge of an understatement and it would be unfair to hold that spouse liable for the tax debt.

Filing for innocent spouse relief can be a challenge because relief needs to be sought within two years of any collection action commenced by the IRS. The IRS is often reluctant to grant relief to married couples, so it is always in a person’s best interest to make sure they are working with an experienced lawyer.

Contact Our California Tax Attorneys

When you are dealing with any kind of tax problem that is affecting your business or your personally, you should not hesitate to seek tax debt help. Anderson Bradshaw are diligent tax attorneys who help clients in all 50 states of the nation and have experience delivering IRS back taxes help.

Our tax attorneys provide IRS tax help for residents all over California including Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, Anaheim and more. Call (877) 986-1156 or contact our California tax attorney online to set up a free consultation.

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