Brotman Law — IRS audit defense attorneys in San Diego

Tax Strategy

California Collections Strategy

A strategic overview of how Brotman Law approaches california collections cases.

At Brotman Law, we focus on providing as much as we can for our clients. Our strategy pages give you a detailed look at how we approach each type of tax issue – so you can understand what to expect when you work with us.

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Tax Strategy & Optimization

  • Business Tax Optimization
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  • Residency & Multi-State Tax Issues
  • Exit Planning and Other Corporate Transactions
  • Real Estate and Investment Portfolio Optimization

Tax Defense

  • Criminal Tax Defense
  • IRS Audits
  • California Income Tax (FTB)
  • California Sales, Use, and Excise Tax (CDTFA)
  • California Payroll Tax (EDD)
  • IRS Tax Debt Resolution
  • California Tax Debt Resolution
  • Other State Tax Representation

Employee Retention Tax Credit

  • Employee Retention Tax CreditFilings
  • Employee Retention Tax CreditAudits
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  • Employee Retention Tax CreditLitigation

Other Complex Tax Issues

  • International Tax Controversy and Compliance
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The Ultimate Guide to California Department of Tax and Fee Administration (CDTFA) Collections Blog

The Ultimate Guide to California Department of Tax and Fee Administration (CDTFA) Collections

Do you sell goods in the state of California? Understanding why you pay such high sales taxes might take the sting out of shelling out. Then again, it might not.

How to Hire a Tax Attorney to Deal with the FTB Blog

How to Hire a Tax Attorney to Deal with the FTB

Are you looking for some practical advice on hiring a tax lawyer to handle your California Franchise Tax Board issue? Brotman Law specializes in FTB and all California tax matters.

The Car Dealer's Guide To CA Sales & Use Tax Audits - Part 4 Blog

The Car Dealer’s Guide To CA Sales & Use Tax Audits – Part 4

Used car dealers are not required to maintain certain types of records. This ends up being a major pitfall for most independents. Poor record keeping practices can land you in hot water once a tax audit rolls around.

The Car Dealer's Guide To CA Sales & Use Tax Audits - Part 3 Blog

The Car Dealer’s Guide To CA Sales & Use Tax Audits – Part 3

Are you a car dealer facing a California sales tax audit? Failure to apply the appropriate special district rate can result in collecting the wrong amount of sales tax. Auditors routinely look here first for sales tax mistakes.

The Car Dealer's Guide To CA Sales & Use Tax Audits - Part 2 Blog

The Car Dealer’s Guide To CA Sales & Use Tax Audits – Part 2

Are you a car dealer facing a California sales tax audit? In Part 2 of our complete guide, you'll learn how one improper tax assessment can cost you many times over.

The Car Dealer's Guide To CA Sales & Use Tax Audits - Part 1 Blog

The Car Dealer’s Guide To CA Sales & Use Tax Audits – Part 1

Are you a car dealer facing a California sales tax audit? Start reading! Part 1 of our guide discusses how the CDTFA selects car dealers for audit.

Employment Development Department Installment Agreement – Part One Blog

Employment Development Department Installment Agreement – Part One

The EDD recognizes that sometimes it is in the best interest of the state and a California taxpayer that they allow an installment agreement to liquidate an amount owed over a period of time.

What Is an Employment Development Department (EDD) Audit? Blog

What Is an Employment Development Department (EDD) Audit?

The key to any Employment Development Department audit is to make certain all records submitted are relevant to the EDD. Any records that do not pertain to employment-related issues are not relevant.

Can Currently Non-Collectible (CNC) Status Stop the FTB? Blog

Can Currently Non-Collectible (CNC) Status Stop the FTB?

Under certain circumstances, you may be eligible for an IRS and FTB program in which your account can be labeled as Currently Not Collectible. Read more to find out about what those circumstances include.

How to Request an EDD Installment Agreement Blog

How to Request an EDD Installment Agreement

If a taxpayer becomes delinquent in the payment of amounts due, the Employment Development Department (EDD) will take appropriate action to collect the full amount immediately.

California Payroll Tax: SUI, ETT, SDI & PIT Employer Guide Blog

California Payroll Tax: SUI, ETT, SDI & PIT Employer Guide

California payroll tax, SUI, ETT, SDI, and PIT guide. How much are payroll taxes in California? What are the employer and employment laws in CA state.

Facts about Franchise Tax Board Settlements Blog

Facts about Franchise Tax Board Settlements

Knowing the facts may halt aggressive state tax collections and keep the dispute out of court.

Learn How to Beat the IRS with the Tax Master Class Blog

Learn How to Beat the IRS with the Tax Master Class

Negotiating with the IRS is a lot like playing poker. There’s a system in place and you need skill to make it work for you or you’re in for a lot of frustration

4 Frequently Asked Questions about California State Taxes Blog

4 Frequently Asked Questions about California State Taxes

Do you have questions about tax payment plans, innocent spouse relief, being put through the ringer with CDTFA collections, or how California can track you down?

Know about Tax Debt before Filing for Bankruptcy Blog

Know about Tax Debt before Filing for Bankruptcy

There are always issues that accompany the decision to file for bankruptcy such as tax consequences. The debtor must try to satisfy not just the creditors, but often federal and/or state tax collectors.

Establishing Residency or Domicile in California Can Be Taxing Blog

Establishing Residency or Domicile in California Can Be Taxing

Did you know that a 2020 California FTB guideline states “if you are impacted by the COVID-19 pandemic, it is one of the factors we will consider as we apply the general rules for residency and income sourcing?”

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The Audit Process Step by Step

Here's what happens from the moment you receive an audit notice to resolution:

  1. Notice received — The IRS sends a letter explaining what they're examining and what documentation they need
  2. Power of Attorney filed — We sign Form 2848, which means the IRS talks to us, not you
  3. Document review — We review every document before anything goes to the IRS. We provide exactly what's needed — nothing more
  4. Examination — The IRS reviews your records. For office and field audits, we attend all meetings in your place
  5. Proposed adjustments — If the IRS wants to make changes, they issue a written proposal. We review it line by line
  6. Negotiation or appeal — We challenge anything we disagree with. If we can't resolve it at the exam level, we take it to appeals
  7. Resolution — Case closed. We make sure you understand the outcome and what it means going forward

Why You Need Professional Representation

Here's the reality: anything you say to the IRS can be used against you. Even an innocent statement can be misinterpreted, taken out of context, or used to expand the scope of your audit.

Your CPA probably filed your return. That's great. But filing a return and defending one are two completely different skills. You wouldn't send your dentist to perform heart surgery — the same logic applies.

A qualified tax attorney knows IRS procedures inside and out, understands the legal standards the IRS must meet, and knows exactly how to position your case for the best possible outcome.

Appeals & Next Steps

If you disagree with the audit results, you have the right to appeal. The IRS Office of Appeals is independent from the examination division, and they settle the majority of cases they hear.

We've won over 100 appeals by building cases that are thoroughly documented and legally sound. The key is presenting a clear, well-organized argument that makes it easier for the appeals officer to rule in your favor.

If appeals doesn't resolve it, the next step is Tax Court. We're prepared for that too, but in our experience, most cases settle well before they get to trial.

How to Prevent Future Audits

Once your audit is resolved, the last thing you want is another one. Here's what we recommend to minimize your risk:

  • Keep meticulous records — especially for deductions and business expenses
  • Report all income — even if you didn't receive a 1099
  • File on time, every time
  • Use actual calculated figures rather than round numbers — while not a major audit trigger on its own, it's a best practice that signals accuracy in your records
  • Work with a qualified tax professional who understands your situation
  • Consider a proactive tax strategy engagement to optimize your structure and reduce risk

Want to make sure this doesn't happen again? After resolving your audit, we can help restructure your taxes to minimize future risk. It's the other side of what we do — and it's just as important as the defense. Learn about our tax strategies →

Related Resources

View Our CA Tax Debt Resolution Services →

Read the FTB Collections Guide →

Frequently Asked Questions

California Collections Strategy FAQs

How is California tax collections different from IRS collections?

California tax agencies (FTB, EDD, CDTFA) are often more aggressive than the IRS. The FTB can issue bank levies and wage garnishments with less notice, intercept state tax refunds, suspend your driver's license, and report to credit agencies faster. California also has a 20-year statute of limitations on collections — double the IRS's 10-year limit — and the FTB frequently renews it through re-assessment.

Can California suspend my driver's license for unpaid taxes?

Yes. Under Revenue and Taxation Code Section 19280, the FTB can notify the DMV to suspend your driver's license if you owe more than a certain threshold and have not entered into a payment arrangement. We can prevent or reverse a suspension by establishing an installment agreement or demonstrating financial hardship. This is one of California's most effective — and disruptive — collection tools.

Does California offer an Offer in Compromise program?

The FTB has an Offer in Compromise program, but it is significantly harder to qualify for than the IRS version. The FTB generally requires you to demonstrate both doubt as to collectibility and that your future earning potential will not allow full payment. The EDD and CDTFA have their own settlement programs with different criteria. We evaluate which agency's program provides the best path to resolution based on your specific circumstances.

Can I set up a payment plan with the FTB?

Yes. The FTB offers installment agreements, and unlike the IRS, they do not have a guaranteed acceptance threshold for small balances. Each agreement is evaluated on a case-by-case basis. The FTB will require financial disclosure documentation and may propose a monthly payment higher than what you can afford. We negotiate these agreements to ensure the payment amount is based on your actual ability to pay, not the FTB's initial demand.

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Schedule a brief call with our team to discuss your situation. We'll assess where things stand and outline your options — confidentially and without obligation.

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