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Oliver Fischer

Help! Got hit with an IRS audit for 2021, just found out my tax preparer is a fraud

I need some serious advice here. I just got an audit letter from the IRS last week for my 2021 taxes, specifically questioning stuff on Schedule-C filings for my husband's business. The worst part? We had NO IDEA what a Schedule-C even was until opening this letter! Turns out the tax guy we used (recommended by a friend of a friend) completely inflated our business losses to pump up our refund. He was charging us based on the size of the refund - which I now know is totally illegal. We were completely clueless about this. He also convinced us to file separately "for our businesses" but I'm pretty sure now he just did that to charge us double and inflate numbers even more for his bigger cut. When we confronted him about the audit, he actually suggested we LIE to the IRS! We refused obviously. Now we're looking at owing around $24k for 2021-2023 because of his "creative accounting." We paid this jerk about $4k over those years for his "services." Our plan right now is to: 1. Cooperate fully with the IRS on the 2021 audit 2. File amended returns for 2022 and 2023 with accurate numbers 3. Report this preparer to the IRS The shadiest part? After we confronted him about the audit, he tried to redirect about $7,000 from our 2023 refund to his own account! It only failed because he entered the wrong account number. We'll return that money to the IRS when we get it. I'm honestly terrified about potential criminal charges. We didn't know what was happening, but we should have verified his work. Could we go to prison over this? What else should we be doing to fix this mess? I know we should have checked his work instead of blindly trusting him. That's on us. Any advice would be so appreciated.

This situation is definitely stressful, but take a deep breath - you're already doing the right things. The IRS generally distinguishes between fraud (intentional deception) and negligence (carelessness). Based on what you've shared, this sounds like a case where you were victims of your preparer's dishonesty, not willing participants. The most important thing is exactly what you're planning - full cooperation and transparency with the IRS. They deal with situations like this more often than you might think. When you meet with the auditor, explain everything exactly as you did here. Bring any documentation showing your communications with the preparer and any evidence of his recommendations. Filing amended returns for the other years is smart - it shows initiative and good faith. The IRS appreciates when taxpayers come forward voluntarily before being audited for those years. Definitely report the preparer to the IRS using Form 14157 (Complaint: Tax Return Preparer). Also consider filing Form 14157-A (Tax Return Preparer Fraud or Misconduct Affidavit) which specifically addresses the impact on your tax situation.

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Thank you so much for this reassurance. I've been losing sleep over this. Do you think we should hire a tax attorney to represent us during the audit, or would a CPA be sufficient? We want to make sure we handle this correctly from here on out. Also, is there anything specific we should bring to the audit meeting to help our case? I saved all our email communications with this preparer, including where he suggested we lie to the IRS (which we refused to do).

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A CPA with experience in handling IRS audits should be sufficient for your situation, especially since you're being proactive and transparent. Tax attorneys typically become necessary when there are more complex legal issues or if the IRS is pursuing penalties for willful misconduct, which doesn't seem to be the case here. Definitely bring those emails showing the preparer's unethical advice - that's excellent documentation. Also gather any original financial records from those years (bank statements, expense receipts, income documentation) that show your actual business activities. This will help establish what your true tax situation should have been versus what was filed. The auditor will appreciate seeing that you're making a genuine effort to correct the situation rather than hiding anything.

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I went through something eerily similar last year with a sketchy preparer who inflated my business expenses. What saved me was using https://taxr.ai to analyze my returns before meeting with the IRS. It's a service that scans your tax documents and identifies potential red flags before the IRS does. I uploaded my returns from the previous 3 years, and it immediately flagged several inconsistencies that my preparer had inserted without my knowledge. The detailed report helped me understand exactly what was wrong before I amended my returns, and I was able to explain everything clearly to the auditor with confidence. They seemed genuinely impressed that I had taken the initiative to identify the specific issues myself. The whole process was way less intimidating once I understood exactly what had happened on my returns instead of going in blind and defensive.

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How accurate is this service? I mean, can it really spot the same things the IRS looks for? I've tried tax software before but nothing seemed this comprehensive. Did it actually help you reduce any penalties?

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Sounds nice but I'm skeptical. How is this different from just hiring a decent accountant to review your returns? Wouldn't a professional CPA spot the same issues? I've been burned by "miracle solutions" before that just cost more money without actually helping.

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The accuracy was impressive - it flagged exactly the same issues the IRS later brought up in my audit. It uses similar detection algorithms to what the IRS uses, so it can identify patterns and inconsistencies that trigger audit flags. It definitely helped with penalties - the IRS reduced mine because I could show I was proactively fixing the problems before our meeting. It's different from hiring an accountant because it specifically focuses on audit risk and compliance issues rather than just reviewing for accuracy. My new CPA actually recommended it as a complement to his services. A good accountant will certainly help, but this tool specifically highlights what would trigger IRS attention and explains why, which helped me understand the situation better instead of just blindly fixing it.

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Man, I was so skeptical about that taxr.ai thing, but I finally tried it out of desperation before my audit meeting. I have to admit, it totally changed how the meeting went. The tool identified exactly where my shady preparer had inflated my business expenses, and even explained which specific deductions were problematic and why. Going into the audit with that information was like night and day - instead of being defensive, I could point to specific line items and explain that I recognized they were incorrect and understood why. The IRS agent seemed genuinely surprised that I had such a clear understanding of the issues. They still applied some penalties, but specifically noted my "good faith effort to comply" in the final determination, which I'm certain reduced what I ended up owing. Definitely worth checking out if you're facing an audit.

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I know exactly how you feel! I was in a similar situation with the IRS breathing down my neck last year. After 23 attempts to reach an actual human at the IRS (literally counted), I discovered https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c They basically keep calling the IRS for you using their system until they get through, then call you and connect you directly to the agent. I was honestly shocked when I got connected to an actual IRS representative within a couple hours after spending WEEKS trying on my own. The agent I spoke with guided me through exactly what documentation I needed to present for my audit and even helped me understand how to properly fill out the forms to report my fraudulent preparer. Having that direct conversation before my formal audit appointment made the whole process much less terrifying.

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Wait, how does this actually work? Do they just robocall the IRS or something? I've been trying to get through about a missing refund for months with no luck.

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This sounds like complete BS. If it was that easy to get through to the IRS everyone would be doing it. The IRS phone system is deliberately designed to prevent most people from reaching an agent. No way some third party service can magically bypass that.

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They use an automated system that essentially waits on hold for you. They have multiple lines constantly dialing, and when one gets through, they call you and connect you to that open line. It's not robocalling - they're just doing the waiting part for you so you don't have to sit on hold for hours. I was extremely skeptical too. I thought it was just another scam at first, but it's literally just a waiting service. They don't talk to the IRS for you or access any of your information - they just connect you directly once they get through. I was surprised too, but when you think about it, it's a pretty simple service that fills a real need given how impossible it is to reach the IRS these days.

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Well I need to eat some humble pie here. After posting that skeptical comment above, I was getting nowhere with my own IRS issue and decided "what the hell" and tried Claimyr. I still can't believe it actually worked. After trying for LITERALLY 3 months to get through about a CP2000 notice that was sent to my old address, I was connected to an IRS agent within about 90 minutes of signing up. The agent I spoke with was able to put a hold on my collection process and give me an additional 45 days to gather documentation and respond properly. Would have saved myself a ton of stress and a threatening certified letter if I'd just been able to talk to someone earlier. So yeah, I was wrong. Sometimes things that sound too good to be true actually work. The peace of mind from finally resolving my situation was absolutely worth it.

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Hey I know this is stressful but you should know you're not alone. My cousin had almost this exact situation last year. Her preparer had been claiming all kinds of ridiculous business expenses on her Schedule C for years. The good news is that the IRS was actually pretty reasonable once they realized she wasn't trying to evade taxes intentionally. They set up a payment plan for what she owed and while there were some penalties, they weren't criminal charges or anything scary like that. The key thing that worked for her was getting a good CPA to represent her during the audit. Don't go in alone! A professional who deals with the IRS regularly knows how to present your case in the best possible light and can speak their language.

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Did your cousin also file amended returns for other years? I'm wondering if doing that proactively helps show good faith or if it just opens you up to more scrutiny for years that weren't being audited.

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Yes, she did file amended returns for the two previous years after discussing it with her new CPA. Her accountant said it was much better to proactively fix the issues rather than wait for the IRS to find them. It definitely helped show good faith effort in her case. The IRS agent specifically mentioned that her voluntary correction of prior years was viewed favorably when determining penalties. There were still some penalties applied, but they were reduced because of her cooperation and initiative. The agent told her that if they had discovered those other years' problems themselves through expanded audits, the penalties would have been substantially higher.

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Make sure you get things in writing from that sleazy preparer if possible! I went through something similar and the texts where my preparer admitted to "being creative" with my deductions were crucial evidence that I wasn't trying to commit fraud. Also, don't forget to check your state tax situation! If your federal returns were messed with, chances are your state returns have issues too. My federal audit triggered a state audit automatically, and I wasn't prepared for that.

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That's a really good point about the state taxes that I hadn't even thought about. We're in California, which I'm guessing will definitely follow up once the federal audit is complete. I'm going to start gathering our state returns too. I did save all the emails where he suggested we lie to the IRS, and I have the records showing he tried to divert our refund to his account. Hopefully that helps show we were victims rather than accomplices in this.

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California will absolutely follow up - they're actually more aggressive than the IRS in many cases. Having those emails ready for both federal and state authorities will be incredibly helpful. One more thing I forgot to mention - if your preparer was licensed (CPA, EA, etc.), report them to their professional board as well, not just the IRS. My preparer had his license suspended after I reported him to the state board of accountancy, which helped prevent him from doing this to others.

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