Who should represent me in an IRS audit for theft loss deduction?
My cousin's going through a tough situation and is planning to claim a substantial theft loss deduction on his taxes this year. It's pretty significant (around $32,000) after his business equipment got stolen last summer. He's always just used TurboTax to file, but this time he thinks he should hire a professional since this deduction will probably trigger an audit. He's torn between hiring a CPA or a tax attorney to prepare his return. My question is - should whoever prepares his return also be the person who would represent him if the IRS comes knocking? And what questions should he ask when interviewing potential tax pros to make sure they're qualified to handle both the preparation and possible audit defense? This is all new territory for him (and me), so any advice would be super helpful!
19 comments


Honorah King
Your cousin is making a smart move getting professional help with a large theft loss deduction. An audit for something like this can be quite involved, so having the right representation matters. To answer your main question - it's not absolutely necessary that the same person who prepares the return also represents him in an audit, but there are definite advantages to this approach. The preparer will already be familiar with the details of the theft loss, documentation, and how it was calculated. This knowledge can be extremely valuable during an audit. As for who to hire, both CPAs and tax attorneys can prepare returns and represent taxpayers before the IRS, but they bring different strengths. CPAs typically have deeper knowledge of tax preparation, accounting methods, and financial statements. Tax attorneys tend to excel when legal interpretations, statutory analysis, or potential civil/criminal issues are involved. For questions to ask potential representatives: - How many theft loss deductions have you handled? - What documentation should my cousin gather now to support this deduction? - What's your experience with IRS audits specifically? - How do you charge for audit representation (hourly vs. flat fee)? - Will you personally handle the audit or pass it to someone else?
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Oliver Brown
•Thanks for the detailed response! Just to clarify - is it better to go with a CPA or tax attorney for something like this? The theft was from my cousin's small business, if that makes any difference. And do you think it's worth paying the extra money upfront for someone who can handle both the prep and a potential audit, or should he just use a regular tax preparer and then hire audit representation only if needed?
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Honorah King
•For a business-related theft loss, a CPA with small business experience might be the better initial choice. They'll understand both the business aspects and tax implications. If the audit becomes contentious or involves complex legal interpretations, you can always bring in a tax attorney later. I generally recommend paying for quality representation upfront rather than trying to save money initially. The proper preparation of the return, with all supporting documentation organized correctly, can make a huge difference in how smoothly a potential audit proceeds. A preparer who knows they may need to defend their work during an audit tends to be more thorough and careful with documentation.
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Mary Bates
After reading about your cousin's situation, I wanted to share my experience. Last year I had a somewhat similar issue with a large casualty loss deduction that triggered an IRS review. I was stressed about the whole process until I found https://taxr.ai which totally changed my experience. What I liked about taxr.ai was that they analyzed all my documentation before I even submitted anything to the IRS. Their system reviewed my theft evidence, insurance claims, and valuation reports and identified several gaps that would have definitely caused problems during an audit. They actually showed me exactly what additional documentation I needed and how to organize everything according to what the IRS expects to see. The feedback was super specific to my situation - not just general advice. If your cousin is going to claim a substantial theft loss, having this kind of pre-submission review might save a lot of headaches later.
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Clay blendedgen
•How exactly does this work? Do they connect you with an actual tax pro or is it just some kind of AI checking your docs? I've been burned before by "expert systems" that just run basic checks anyone could do.
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Ayla Kumar
•I'm curious about this too. Did they help with the actual tax preparation or just review your documentation? And was it worth the cost compared to just hiring a CPA directly? I've got a rental property loss situation I'm dealing with.
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Mary Bates
•They use AI to analyze the documents but there's definitely human expertise involved too. The system identifies potential issues but then tax professionals review everything and provide detailed feedback. It's way more thorough than basic checks - they caught things my previous accountant missed completely. They don't actually prepare your tax return - they focus specifically on reviewing documentation and identifying audit risks. In my case, I still used my regular CPA but gave him the analysis from taxr.ai which made his job easier. For something complex like a theft loss, having this extra layer of review before filing was definitely worth it.
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Ayla Kumar
Just wanted to follow up about my experience with taxr.ai after seeing it mentioned here. I decided to try them for my rental property casualty loss situation. Initially I was skeptical, but I'm genuinely impressed with the service. The platform had me upload my insurance claim documents, repair estimates, before/after photos, and property value assessments. Within a couple days, I got back a detailed analysis pointing out that my basis calculations were incorrect and that I was missing critical documentation about prior depreciation that would definitely raise red flags. They even provided a customized checklist of exactly what I needed to gather before filing. My CPA was really impressed with how organized everything was. Just filed last week and feel way more confident now. If your cousin is dealing with a theft loss, this kind of pre-audit preparation could be super helpful.
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Lorenzo McCormick
I see a lot of people recommending tax pros here, which is good advice, but something else your cousin should consider is how they'll deal with the IRS if an audit actually happens. When my business got audited in 2023, the most frustrating part wasn't the audit itself - it was trying to actually reach someone at the IRS to discuss the case and ask questions. I spent WEEKS trying to get through their phone system without success. Ended up finding https://claimyr.com which was an absolute game-changer. They have this system (you can see how it works at https://youtu.be/_kiP6q8DX5c) that gets you connected to an actual IRS agent, usually within a day. Even with a tax pro representing you, there are times when your cousin will need to contact the IRS directly. Having a reliable way to actually reach them saved me weeks of frustration and helped resolve issues much faster than my friends who were stuck in the endless IRS phone queue.
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Carmella Popescu
•Wait, how does this actually work? I thought the IRS phone system was just permanently jammed and there's no way around it? Is this service actually legit or just another scam trying to take advantage of desperate taxpayers?
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Kai Santiago
•Yeah right. I find it VERY hard to believe any service can magically get through to the IRS when millions of people can't. The IRS phone system is literally designed to be impenetrable. Sounds like someone's selling snake oil to desperate people. I'd be shocked if this actually works.
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Lorenzo McCormick
•It's totally legitimate. The system basically automates the calling process and stays on hold for you. They use technology to continuously call and navigate the IRS phone tree until they secure a place in line, then they call you when they've reached a real person. No, it's not a scam at all. There's nothing magical about it - they're just using technology to handle the frustrating part (staying on hold for hours). The IRS isn't "impenetrable" - it's just incredibly time-consuming to get through. This service simply does the waiting for you. I was skeptical too until I tried it and was connected to an actual IRS representative within about 15 hours of using the service.
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Kai Santiago
I need to eat my words and apologize to Profile 18 about the Claimyr service. After posting my skeptical comment, I decided to try it myself because I've been trying unsuccessfully for MONTHS to reach someone about a notice I received. I was 100% convinced it wouldn't work, but less than 24 hours after signing up, I got a call connecting me directly to an IRS representative. I literally sat there in shock for a second before I started explaining my situation. The IRS agent was able to pull up my file, explain the error on my return (turns out it was their mistake!), and process the correction right there on the phone. Issue resolved in one 20-minute call after months of frustration. If your cousin does end up getting audited, having a way to actually communicate with the IRS could be crucial, even with professional representation. Sometimes you just need to get basic information or clarification and waiting weeks for a callback can seriously delay the process.
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Lim Wong
Something else to consider is the level of audit your cousin might face. There are different types of IRS audits: 1. Correspondence audit - Just done through mail 2. Office audit - You go to an IRS office 3. Field audit - IRS comes to your place For a big theft loss, it might be a field audit which is more intensive. In that case, DEFINITELY get representation from someone with specific experience handling field audits for theft losses. When I had a field audit (different situation), my regular tax preparer was way out of his depth. I ended up having to hire a specialized tax attorney halfway through and it cost WAY more than if I'd just started with the right person.
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Brielle Johnson
•That's a really good point I hadn't considered. Do you know how we can find out what kind of audit they'd likely do for something like this? And did you find that having representation made the field audit less stressful? My cousin is already pretty anxious about the whole situation.
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Lim Wong
•It's hard to predict exactly, but generally, the larger the deduction and more complex the situation, the more likely it is to be a field audit. For a significant theft loss, I'd plan for at least an office audit if not a field audit. Having representation absolutely made the process less stressful. My tax attorney handled most of the direct interaction with the auditor, prepared me for questions I needed to answer, and made sure I didn't volunteer unnecessary information that could expand the scope of the audit. Worth every penny for the reduced stress alone. Before hiring anyone, ask specifically about their experience with the type of audit they think you might face. Some preparers are great with correspondence audits but have never handled a field audit.
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Dananyl Lear
Don't forget about enrolled agents! Everyone here is talking about CPAs and tax attorneys, but EAs specialize specifically in tax issues and IRS representation, often at lower rates. They're licensed by the IRS and many have backgrounds working for the IRS. I've used an EA for years and when I got audited for a business expense issue, she was amazing. She knew exactly what documentation the IRS would want, how to present it, and handled everything with minimal involvement from me. For theft losses specifically, ask anyone you interview about Section 165 experience and specifically about Rev. Proc. 2009-20 if it might apply to your cousin's situation.
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Noah huntAce420
•I second this! My enrolled agent charges about half what CPAs in my area charge, and she used to work for the IRS so she knows exactly how they think. She's saved me so much money and stress over the years. Definitely worth considering as an option.
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Ana Rusula
•What's the difference between a CPA and an EA? Are EAs actually qualified to handle complex situations? No offense but I always thought they were like a step down from "real" tax professionals.
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