Brotman Law — IRS audit defense attorneys in San Diego

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Tax Services

Tax Services — Brotman Law, San Diego's premier tax defense and strategy law firm.

Tax Defense Services

When you’re facing the IRS, the State of California, or any tax authority, you need experienced legal representation. Our tax defense practice handles audits, collections, criminal investigations, and penalty disputes at every level of government.

Tax Strategy Services

Tax defense is only half of what we do. Our proactive tax strategy practice helps business owners, high-net-worth individuals, and corporations structure their affairs to minimize tax liability legally and ethically.

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Every tax situation is unique. Schedule a free 15-minute call with our team to discuss your circumstances and learn how we can help.

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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 →

Frequently Asked Questions

Tax Services FAQs

How long do I have to respond to an IRS audit notice?

Typically 30 to 60 days from the date on the notice. However, some notices have shorter or longer deadlines. Don't wait — contact us as soon as you receive any correspondence from the IRS.

Can the IRS audit me if I used a CPA to prepare my return?

Yes. Using a CPA doesn't prevent an audit. You are ultimately responsible for the accuracy of your return, regardless of who prepared it. However, having professional representation during the audit is critical.

What if I can't find the documents the IRS is requesting?

We can often reconstruct records using bank statements, third-party records, and other sources. The sooner you engage us, the more options we have to build your case.

Will an audit affect my future tax returns?

Not directly. However, if the IRS made adjustments, those changes may affect carryforward items like losses or credits. We'll review the impact and make sure your future returns reflect the correct figures.

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Book Your Free 15-Minute Call

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.

  • Completely confidential — protected by attorney-client privilege
  • Every situation is different — you'll receive a custom assessment tailored to yours
  • Same-day and next-day appointments available