Brotman Law team — IRS audit defense attorneys

Tax Defense

IRS Audit Defense
That Actually Fights.

We've represented over 400 clients in IRS audits and examinations. We know what the IRS is looking for, we know their playbook, and we know how to win.

You Got a Letter From the IRS. Now What?

An IRS audit notice is no accident. It demands an immediate, strategic, and informed response. How the next few months go depends entirely on who's managing the process and what strategy they walk in with.

Most taxpayers make the mistake of trying to handle it themselves or responding without a clear plan. The IRS is counting on that. There's a difference between the way the rules are written and how they get enforced — and that gap is where experience matters.

We've represented hundreds of clients in IRS examinations. We know the playing field, what agents are looking for, how to present your records, and how to protect your position at every stage. We don't roll over. We don't settle for "good enough." We fight for every dollar.

Whether it's a correspondence audit, an office exam, or a full-blown field audit, we handle the IRS so you can go back to running your business.

What We Handle

IRS Audit Services

Correspondence Audits

The IRS sends a letter asking for documentation or clarification. We respond strategically, ensuring you provide exactly what's needed — nothing more, nothing less.

Office & Field Audits

When the IRS wants to meet in person — either at their office or yours — we handle the examination from start to finish. You never have to sit across from an IRS agent.

IRS Appeals

Disagree with the audit results? So do we. We've won over 100 appeals by building airtight cases that force the IRS to reconsider their position.

Employment Tax Audits

Worker classification and payroll tax audits can devastate a business. We defend against reclassification and negotiate penalties that could otherwise sink your company.

Partnership & S-Corp Audits

Pass-through entities face unique audit challenges. We navigate the complex BBA rules and protect all partners from cascading tax liability.

Audit Reconsideration

Missed the deadline to respond? Didn't know about the audit? We file for audit reconsideration to reopen and contest assessments you never agreed to.

Understanding the Process

IRS Audit: What You Need to Know

What triggers an IRS audit?

The IRS uses a computer scoring system called the Discriminant Information Function (DIF) to flag returns that are statistically more likely to result in additional tax. High deductions relative to income, unreported 1099 income, large charitable contributions, and certain industry classifications all increase audit risk.

That said, audits can also be triggered by third-party reporting mismatches, random selection, or related examinations of business partners.

What are my rights during an audit?

You have the right to professional representation — which means the IRS deals with us, not you. You also have the right to know why you're being audited, to appeal any findings you disagree with, and to confidentiality throughout the process.

The IRS Taxpayer Bill of Rights is real, and we make sure the IRS follows it.

How long does an IRS audit take?

Correspondence audits can resolve in weeks. Office and field audits typically take 3–6 months, though complex cases can take longer. If we go to appeals, add another 6–12 months.

Our job is to move things as quickly as possible while making sure nothing gets overlooked. Speed matters, but accuracy matters more.

Should I talk to the IRS myself?

In almost every case, no — and certainly not for anything beyond the simplest correspondence. Anything you say to the IRS can be used against you. Even innocent statements can be misinterpreted or taken out of context. Once you engage us, we sign a Power of Attorney (Form 2848) and handle all communication on your behalf.

Let us do the talking. Even a casual conversation with an IRS agent can create problems you didn't know were possible.

What if the IRS finds something?

An adjustment doesn't mean the fight is over. We review every proposed change line by line. If the IRS is wrong — and they often are — we challenge it. If there's a legitimate adjustment, we negotiate to minimize penalties and interest. And if we need to go to appeals or Tax Court, we're ready for that too.

Why Brotman Law

What Makes Us Different From Every Other Tax Firm

400+ Audits Handled

We've seen every type of audit the IRS runs. Pattern recognition matters — and we've built a decade of it.

100+ Appeal Victories

When the examiner gets it wrong, we don't accept it. We take it to appeals and we win.

You Never Talk to the IRS

We handle every phone call, every letter, every meeting. You stay focused on your business while we fight for you.

Real Tax Attorneys

Not enrolled agents or CPAs attempting to provide legal representation. Actual tax attorneys with advanced degrees in taxation.

Both Sides of the Coin

After the audit, we can restructure your taxes to make sure you never end up in this position again.

Straight Answers

We'll tell you exactly where you stand — good or bad. No sugarcoating, no runaround.

Frequently Asked Questions

IRS Audit FAQs

How much does it cost to hire a tax attorney for an IRS audit?

It depends on the complexity of the audit. Correspondence audits are typically less expensive than field audits. We offer transparent pricing and will give you a clear estimate after understanding your situation during our free 15-minute consultation.

Can I represent myself in an IRS audit?

You can, but we strongly advise against it. The IRS is trained to extract information that maximizes their assessment. Anything you say can be used to expand the scope of the audit. Professional representation ensures your rights are protected and your exposure is minimized.

What happens if I ignore an IRS audit notice?

The IRS will assess taxes based on the information they have — which usually means the worst possible outcome for you. They'll calculate what they believe you owe, add penalties and interest, and begin collection. Don't ignore it. Call us instead.

How far back can the IRS audit?

Generally three years from the date the return was filed. However, if the IRS believes there's a substantial understatement (more than 25% of gross income), they can go back six years. In cases of fraud or unfiled returns, there's no time limit.

Will I go to jail if the IRS audits me?

A civil audit is not a criminal investigation. However, if the examiner discovers evidence of fraud, they can refer the case to the IRS Criminal Investigation division. This is one of many reasons to have professional representation from the start — we know how to protect you from escalation.

Do you handle audits outside of California?

Yes. While we're based in San Diego, we handle IRS audits nationwide. IRS procedures are federal, so our expertise applies regardless of your location.

As Featured In & Recognized By
Super Lawyers The Wall Street Journal The New York Times Reuters Inc. 5000 Forbes Business Council

Get Started Today

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