Business Taxes

Underhill & Underhill, P.C., handles all types of business tax problems and issues.   From collection activity that is wrecking havoc with cash flow or assets, to federal or state tax liens, the firm’s attorneys are experienced in not only the obvious tax issues, such as offers in compromise, but also in finding alternatives and choices which are often overlooked.

The firm does not expect to replace your tax advisor or certified public accountant.   Instead, our attorneys rely upon their technical tax expertise and value them as an important part of your team.   Working with a tax attorney, however, provides additional advantages.   Everything you say to an attorney or to a tax professional commissioned by your attorney is confidential and will be privileged from discovery by the government and everyone else.   As a result of the attorney-client privilege, a tax attorney will be very discrete.   Attorneys are trained to advocate, and they are accustomed to taking a broad view of all the facts and circumstances and developing strategies.   They are unlikely to accept the government’s position without scrutiny and verification.

Businesses that have structured their operations to use independent contractors instead of employees are a high priority target of the IRS and state taxing agencies, who evaluate during the audit whether independent contractors should be reclassified as employees.   Such a decision means that payroll taxes will be assessed retroactively.   The firm can assist you in the audit.   For many businesses, however, particularly transportation and construction companies, a more proactive approach is safer.   The firm can evaluate your operations and assist you in improving your contracting and operating procedures before you are selected for an audit.

Jim Underhill spent several years as a trial attorney with the U. S. Department of Justice, Tax Division before entering private practice.   This experience gives the firm a unique understanding of the tax collector’s interests, concerns, policies and procedures.   Over the years, the firm has represented many business clients with regard to federal, state, and local tax issues and tax disputes.   The firm’s attorneys often work closely with accountants and other attorneys to resolve a mutual client’s tax problems.

Areas of Expertise:

•   Representation and defense in criminal investigations and prosecutions

•   Tax controversies, tax audits, appeals, and civil litigation

•   Collection and adversary matters

•   Bankruptcy tax issues

•   Business planning