Brotman Law Featured in Inc. Magazine - Fastest Growing Law Firm in California

On Corporate Fraud

Corporate fraud has always been one of the scourges of civilized society, although in the past decade we have witnessed unprecedented levels of greed in corporate culture. The past decade has been marred by Enron, WorldCom, Adelphia and many others, as fraud shrinks our economy by approximately six percent. Watchful eyes cannot be everywhere at all times, but often the problem is that the individuals responsible for oversight lapse on their duty of independence. In response, wide scale reform has been passed into law as the government tries to combat the problem on all fronts. However, even the most stringent reforms, reporting requirements, and penalties do not deter all fraudulent behavior within the corporate environment. I want this series of articles to serve as reference point for a variety of individuals, since fraud is a serious concern whose aftershocks can be felt well outside of the company. Thoroughly understanding and utilizing the methods contained in this book will help combat the challenges we now face today in the work place.

Key Takeaways

  • Corporate fraud has always been one of the scourges of civilized society, although in the past decade we have witnessed unprecedented levels of greed in corporate culture.
  • Fraud can be defined with the concept of the rogue employee. This person is any employee of the corporation who goes beyond the duties they were hired for conspires and executes attacks.
  • Before tackling the internal controls needed to prevent fraud in the workplace, I wanted to tackle the underlying motivations for what makes a person commit this type of behavior. To help explain the underpinnings of the problem, I want to cite the work of Dr.

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California Bank Levy Release

California Bank Levy Release

california bank levy release

Key Takeaways

  • One important thing to note is that a levy on the assets in your bank account is one method that the California Franchise Tax Board has as a means of ensuring taxpayer compliance.
  • Typically, there is a twenty-one day holding period associated with a Franchise Tax Board levy so that the taxpayer has time to enter into a payment arrangement or seek a California bank levy release.
  • California bank levy releases are best obtained by calling the Franchise Tax Board and working to immediately resolve the liability.

When a California taxpayer fails to make proper tax payments, the Franchise Tax Board can take a number of actions against them.

One of these measures includes initiating a California bank levy against the taxpayer, which is a seizure of their assets in their bank account. The only way to prevent this is to obtain a California bank levy release.

One important thing to note is that a levy on the assets in your bank account is one method that the California Franchise Tax Board has as a means of ensuring taxpayer compliance. However, in cases where the Franchise Tax Board initiates a California bank levy, it is important to be aware of the proper tax procedure that is involved and what steps must be taken before funds are appropriated by the Franchise Tax Board.

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Franchise Tax Board Attorney Hiring Criteria

Click here to read the previous section about hiring a Franchise Tax Board Lawyer.

Key Takeaways

  • In my last article, I talked about rapport and how important it was in making the decision to hire a Franchise Tax Board attorney.
  • Second to rapport, experience is one of the main factors that I feel separates franchise tax board attorneys from one another.
  • One of the greatest ways to evaluate an attorney is through what other people have said about the person. With the advent of the internet, information on professional service providers is often readily available and can readily be accessed.

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Franchise Tax Board Lawyer Hiring Criteria

First, I want to state that I don’t believe everyone needs a franchise tax board lawyer to handles their California state tax issues. One of the main reasons that I started blogging was to help people. I wanted to motivate “self-help” style legal solutions by taking the knowledge that I had an as an attorney and making it available on the web. Indeed, if you take the time to read much of what I have written on the blog, you can almost become as knowledgeable as I am on many of these same subjects (although I have an experience edge dealing with this stuff in practice).

Key Takeaways

  • First, I want to state that I don’t believe everyone needs a franchise tax board lawyer to handles their California state tax issues. One of the main reasons that I started blogging was to help people.
  • However, I am cognizant of the fact that there are some situations where it is beneficial to hire a franchise tax board lawyer to handle your California state tax issues.
  • When asked what I believe the number one hiring criteria for selecting a lawyer, even more than a person’s experience, education, or pedigree, I believe it is the rapport that the client has with the lawyer.

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Tips for Franchise Tax Board Audits

In my previous article on the Franchise Tax Board audit, I talked about the importance of pre-auditing the tax return in question in order to identify any issues before your first meeting with the Franchise Tax Board auditor. In this article, I will discuss another advantage of pre-auditing a return, the importance of the presentation of records in general, and the importance of your relationship with the auditor in order to gain successful outcomes in Franchise Tax Board audits.

Key Takeaways

  • Pre-auditing the return also has the added advantage of getting all your books and records organized and ready for the auditor prior to the audit. Appearances are very important in Franchise Tax Board audits as it helps to set the tone of an audit.
  • Speaking of good relationships, it is always important to keep the golden rule of Franchise Tax Board audits in mind: you win always win more flies with honey than with vinegar during the course of an audit.
  • I hope this series of articles has been helpful in providing you with some perspective on Franchise Tax Board audits. If you have any questions or if I can further assist you, please contact me directly via the information contained on this website.

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Franchise Tax Board Audit Tips

Throughout my years of practice, I have developed a few helpful tips for dealing with a Franchise Tax Board audit and auditors from the state of California. Franchise Tax Board audits are not nearly as common these days. Most of my clients who receive contact from the Franchise Tax Board are contacted after they are subject to an IRS audit and merely sent a bill based on the adjustment in taxable income that the IRS has already calculated. In other words, they let the IRS do all the hard work and send a supplemental bill later on. However, I hope that these few helpful tips will guide you in your dealings with the Franchise Tax Board. For more information on California state tax matters, please visit the Franchise Tax Board attorney services section of my website.

Key Takeaways

  • Throughout my years of practice, I have developed a few helpful tips for dealing with a Franchise Tax Board audit and auditors from the state of California. Franchise Tax Board audits are not nearly as common these days.
  • Keep in mind that the purpose of a Franchise Tax Board audit is to “effectively and efficiently determine the correct amount of tax based on an analysis of relevant tax statutes, regulations, and case law as applied to the taxpayer’s facts”.
  • Next, it is important to control the flow of information and how that information is communicated to the Franchise Tax Board.

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What is the Taxpayer Advocate?

The Taxpayer Advocate helps taxpayers resolve problems with the IRS. The Taxpayer Advocate also recommends changes to help prevent problems in the future. The advocate handles those tax problems that are causing significant financial difficulty; when you or your business are facing immediate, adverse threat; and when you have tried to contact the IRS repeatedly to no avail. The Taxpayer Advocate is a member of the Taxpayer Advocate Service (TAS).

Key Takeaways

  • The mission of the Taxpayer Advocate Service is to help taxpayers resolve their tax problems and recommend changes to help prevent future tax problems.
  • You must qualify to receive help through the Taxpayer Advocate Service. The next section outlines the eligibility requirements of the service.
  • The Taxpayer Advocate Service is a free service. The assistance is tailored to meet each taxpayer’s need and it is available for businesses as well as individuals. Each state houses at least one Taxpayer Advocate.

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IRS Taxpayer Advocate – What it Does

The IRS Taxpayer Advocate helps taxpayers resolve problems with the IRS. The Taxpayer Advocate also recommends changes to help prevent problems in the future. The Taxpayer Advocate handles those issues when the tax problem is causing significant financial difficulty; when you or your business are facing immediate, adverse threat; and when you have tried to contact the IRS repeatedly to no avail.

Key Takeaways

  • The IRS Taxpayer Advocate helps taxpayers resolve problems with the IRS. The Taxpayer Advocate also recommends changes to help prevent problems in the future.
  • The IRS Taxpayer Advocate will particularly help you if the IRS has failed to respond by the date promised.
  • It is important to note that the IRS Taxpayer Advocate will not handle all of your problems or attempt to resolve all of your difficulties.

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Who Qualifies for Legal Aid – Part One

A list of free legal clinics is available on your local and state Bar Association website and through Volunteer Attorney programming. Local entities also offer neighborhood legal services and legal aid clinics. In addition, university law programs offer free legal aid. Consult your local websites and universities for more information. In general, qualifying for free legal aid is based upon a number of factors related to income, health status, safety, location, and civil and/or criminal issues. The following sections provide insight into those categories that are specific to qualifying for legal aid.

Key Takeaways

  • A list of free legal clinics is available on your local and state Bar Association website and through Volunteer Attorney programming. Local entities also offer neighborhood legal services and legal aid clinics.
  • If you have been accused of a crime, you may qualify for legal aid. You may be eligible to receive legal services from a court-appointed attorney or public defender.
  • If you are poor or needy, as defined by the appropriate court, you may qualify for “indigent representation.” “Under indigent representation, you may have to partially reimburse the court for the cost of legal services given to you” (HireALawyer.com, FindLaw.

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Who Qualifies for IRS Legal Aid?

Click here for the previous section about legal aid.

Disabled Veteran Status

If you are a disabled veteran, you may qualify for free IRS legal aid. Eligibility is based upon issues that may range from rental assistance to child visitation matters. To determine if you are eligible, contact your local veterans association. The association will help you to determine if you or a member of your household qualifies for a number of services and free legal aid.

Key Takeaways

  • If you are a disabled veteran, you may qualify for free IRS legal aid. Eligibility is based upon issues that may range from rental assistance to child visitation matters. To determine if you are eligible, contact your local veterans association.
  • Most agencies and organizations offer free IRS legal aid services to immigrants and noncitizens that need help with visa applications, green cards, deportation proceedings, and work authorizations (“Do You Qualify for Free Legal Aid?”).
  • You may be eligible to receive free IRS legal aid if your issue falls under civil rights, or lack thereof.

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Brotman Law Featured in Inc. Magazine - Fastest Growing Law Firm in California