Many of our clients are business owners, corporations and flow-thru entities undergoing Internal Revenue Service, California Franchise Tax Board, California Employment Development Department or California State Board of Equalization examinations. Usually, these examinations are at the field audit level (when the examining agent goes to the company or company´s representative) and involve income tax, employment tax, excise tax or sales tax matters. We work with the taxpayer, or the accountant representing the taxpayer, by responding to information requests from the examining agent. We work diligently and professionally to minimize potential adjustments that would increase the tax liability of our clients.

Occasionally, the tax authority will issue a summons for information or documents. We work with our clients in responding to the summons, especially in situations where the agency is requesting information to which it may not be entitled. We have often found that clients without our counsel surrender documents which were not required or proper to deliver.

Barish Tax Law represents clients in tax litigation in all federal courts and the California state courts. Ken Barish formerly worked for the federal government as a tax litigator. We appear frequently in the United States Tax Court, United States District Courts, the Court of Federal Claims, the Ninth Circuit Court of Appeals, and California Superior Courts. The litigation we handle includes not only complex civil disputes concerning the amount of tax liability, but also defense against criminal tax charges. Our state court litigation matters involve civil refund suits as well as defense against criminal tax charges.

Our Firm represents taxpayers who contest adjustments made at the examination level. We present evidence at the tax authority´s appeal division in the form of declarations from third parties, documents, and legal memoranda, which demonstrate that the factual or legal conclusions reached at the examination level were erroneous. We aggressively negotiate with the appeals officers for concession of the case or disposition based on hazards of litigation.

Oftentimes, clients find themselves under criminal investigation by the IRS and/or the U.S. Department of Justice and California criminal tax authorities. This can be a very scary procedure for most people, especially when a special agent knocks on the door. When our clients engage us, we alleviate their fears by taking control of the situation. Our methodology is to organize and direct our own comprehensive investigation of the issues and to evaluate the government's case. We are experts in this unique area of law because of our in-depth tax experience.

Because we have worked in the U.S. Department of Justice Tax Divison and have represented clients in a large number of criminal tax matters, we are knowledgeable about how a case will develop and the direction in which it is going. We work very closely with our clients to ensure that they are involved throughout the process. Our involvement assists our clients in regaining control of their lives, which most people feel is out of control the moment that the government's process begins.

We represent our clients in all phases of the criminal process, both pre and post indictment. We have had numerous successes in the investigative stage, grand jury, trials and appeals.

Barish Tax Law is the preeminent tax law firm in making favorable voluntary disclosures to federal and state tax authorities. This area of our practice has increased as the Internal Revenue Services has caused foreign banks to disclose the names of their Unite States depositors.

We have represented an increasing number of clients who have, for one reason or another, decided they didn't want to pay taxes. They determine that they now want to enter the tax system and need an advocate to assist them.

We also represent false filers who want to correct their tax returns. These clients may include:

• Divorcing spouses where a second set of books was maintained
• Disgruntled partners or employees who know about false tax returns
• People who can't face themselves in the mirror each day
• Taxpayers with undisclosed foreign bank accounts

Our primary goal is to avoid criminal investigations of our clients. We also negotiate with taxing authorities to minimize or eliminate civil penalties.

Our firm handles all aspects of the federal and state collection process. The administrative procedures are different for the Internal Revenue Service and the California tax agencies which collect different types of taxes. We practice regularly before all of these agencies to facilitate resolutions of outstanding tax debts. The resolution usually takes one of three forms:

• Establishing an installment agreement
• Submitting an Offer in Compromise
• Discharging all or part of the tax debt in bankruptcy

Our expertise in all of these areas allows us to evaluate the situation quickly and proceed to a prompt resolution of the matter.

The stakes are high in complex tax controversy matters. More and more we are being asked to use our unique expertise in negotiating and litigating against the tax authorities to help our clients prepare for the potential audit of their tax returns and tax positions. In this area of our practice we make sure that the necessary paper work and supporting documentation are prepared so that our clients’ tax positions are maintained if they become the subjects of federal or state audits.

The IRS has the authority under Treasury Department Circular 230 to impose disciplinary sanctions on individuals practicing before it. These sanctions can include suspending a person from practicing before the IRS or disbarment. Barish Tax Law has handled appeals and litigation of disciplinary actions before the Office of Professional Responsibility, the administrative law judge, the Department of Treasury and in federal district courts.