Posted by BossLadyMD on 7/6/13 8:28am
Msg #475764
We're being audited :(
Well they're not calling it that. They said it's just a request for documentation. I've never been audited before 
| Reply by Les_CO on 7/6/13 9:15am
Msg #475766
Not fun! I’ve been through it, but it was years ago, so I believe not politically motivated. I had two IRS agents come to my house, look around at everything, (said they were checking my ‘home office’, even measured it, to compare the square ft, with the whole house.) also checked my vehicles (I had three, 2 personal 1 strictly business) I had my accountant with me to answer the questions about computations on my return. It took hours, and some accounting hours to prep for it (read expensive) Yes, I took a LOT of deductions, and business expenses, but nothing I could not prove, and nothing that I was not entitled to. Really PO’d the agents…I received a “no change” audit. They did it again the next year, and the next, just for harassment, I filed a grievance, and with three ‘no change’ audits they finally left me alone. Good luck!
| Reply by sueharke on 7/6/13 9:57am
Msg #475772
Sounds like you have a good accountant who has you best interest at heart.
| Reply by Sandra G Holland on 7/6/13 8:40pm
Msg #475822
Les, we've been audited, but they never went that far.
Since no one can enter your house without a court order/arrest warrant, what excuse did they give?
| Reply by sueharke on 7/6/13 11:14pm
Msg #475824
If you have an office in home that you claim on your tax return, the IRS can knock on the door to examine the home office. That is why I don't claim a home office as I don't qualify due to the personal items in the room.
| Reply by Les_CO on 7/7/13 6:23am
Msg #475829
They simply said they wanted to conduct the audit in my home, I said it would be easier to use my accountant’s office, but they were insistent. As I said this was some time ago, and I was trying to co-operate. When the agents arrived, they said that they really wanted it check on my home office. The following audits were in my accountant’s office. My CPA is also an attorney, and I followed his recommendations. If I recall correctly they started the whole process by notifying me that I owed $25,000 and to call their office immediately; apparently that was just to get my attention. It did.
| Reply by sueharke on 7/7/13 9:33am
Msg #475836
IF this happens to anyone else I suggest the following procedure.
Give your CPA/Attorney a power-of-attorney to speak for you and do not speak to the IRS yourself. Yes, this is not inexpensive, but letting the agents see that you do have a home office is part of the process is okay. After that brief visit to view your office, all communication is to be through your attorney/CPA. I have a similar situation now and this is why the first step was to get a power-of-attorney from the client.
| Reply by Les_CO on 7/7/13 10:10am
Msg #475839
Now that’s good advice! I really try to follow the law as I see it, and since I feel that I have nothing to hide, and have done nothing wrong…. I tend to be a bit too honest and verbose (as per my accountant: shut up, offer nothing!) These IRS guys are schooled in devious methods to get the poor auditee to admit to some minor indiscretion (well I actually put a quarter in the parking meter, and just as it came due, and I had another quarter at the ready, but dropped it, but I got in my car and drove away, and I clamed 50 cents for parking.) Now days I think they are just looking for guns, tea party, Republican Party, conservative lawmaker, or religious contributions. I suggest you send the DNC a check…that may help.
| Reply by Philip Johnson on 7/7/13 4:41pm
Msg #475854
Same here.
Got a letter saying there was a mistake on my end, they believed I had shorted them $35,000+ that with interest and penalties grew to over $50,000. Took a deep breath, a bit of berating by my wife, and two months later after the paperwork I provided, and the acknowledgement of a simple error on my part, we settled out at $700.00.
It was worrisome, because I received my letter on a Friday, when no one was at work, but overall I can and could back up my work, so common sense prevailed and it worked out.
| Reply by NVLSlady/VA on 7/6/13 2:05pm
Msg #475792
BossLady, so it is THE audit -but only for documentation?? Not a SOS type.
<<"request for documentation">>
| Reply by Sandra G Holland on 7/7/13 1:51pm
Msg #475845
As I understand, no one can demand entry into your home because it is considered like your castle. If you are on vacation, and your house is on fire, the firefighters can break in. If a kidnap victim calls and accidentally gives your address as where they are held, the police can come in, but I think, not being in law enforcement, that they still have to get an emergency court order.
It seems to me that I read somewhere that even if there is a suspected case of child abuse, the police have to get a court order when accompanying the child protective services. It used to be that neighbors/schools/in-laws, or whomever would use that excuse when they didn't approve of homeschooling. There were lawsuits about things like that. Homeschoolers were always instructed never to let in any inspector. In my state, homeschooling is even separate from any local school, just like the school at a local church is.
Some federal agencies, I'm told, have their own set of regulations separate from the law. All do, but I believe that these are separate from the law. (Someone help me with that detail, please.) I don't care whether any federal agency really is made up of a bunch of jack-booted thugs, they can't come in your house without your permission. Even if they were pseudo-police, I believe they would have to inform the local law authorities whose jurisdiction they are in, who would then refer them to a judge.
This law originated in this country because during colonial times the British soldiers demanded quarter in private homes. Can you imagine having a young daughter in that situation? It was to protect the populace from any further intrusion by military onto their personal turf.
| Reply by jba/fl on 7/7/13 4:52pm
Msg #475855
Better check that out further...there are cases galore where
DCF (Dept. of Children Services), CPS or whatever they are called in your locale can be as devious as they wish. If for some reason they cannot get access to your home, they will snatch the kids from their schools, and no police are necessary. All warrants are obtained afterwards if anyone should want. But, hey, first you have to prove something, and no one will help the parents at that junction. They may try to contact you about what they have done, or where you can go to court and what time, and they may just overlook those details. The caseworker will leave a business card somewhere, but will never answer your call.
They are not required to interview you or the child prior to pulling all these stunts - and as a parent you will never know who may have complained as you do not have any rights. The court will side with them, and after the emergency hearing within 24 hours, they may mail you the court proceedings order, unless you have a judge who wants to enter all his/her own notes and takes up to 10 days to do to and then add the mailing time. Of course, everything goes out Friday mail, so add another 2-4 days while it sits in the courthouse mailroom and then goes through the USPS handling.
In the meantime the child is stashed in a foster home if one is available; otherwise in a hotel at night then to a juvenile holding area during the day. The process will be repeated tomorrow if foster home does not open up for intake. There is no school for these children...they watch tv with no sound and twiddle their thumbs. It can take a long time to find a foster home, and then the moves really begin in earnest. It can take up to a month-6 weeks before one will see their child again, and most likely 3-4 months.
That's Florida - and it has only gotten worse in the past 20 years, the time of my first encounter with them. Last August was the beginning of this association with them, took them until Sept. to contact me, a relative, and in the meantime family had been interviewed, told the 2 girls in question were together when in fact they were not and no visitation of any sort took place until late November for the parents and other relatives.
When I got the one girl, full of lice and sores, they wanted to know why she was so angry. Gee - I really wonder why they would ask and not know.
As for IRS - I've heard a great number of horror stories, but am unable to confirm any.
| Reply by Sandra G Holland on 7/7/13 6:01pm
Msg #475862
Re: Better check that out further...there are cases galore where
This is not the experience of some friends who were homeschooling but it was certainly traumatic enough.
| Reply by jba/fl on 7/7/13 8:17pm
Msg #475870
Re: Better check that out further...there are cases galore where
These had nothing to do with home schooling. I have not heard of incidents involving that. Interesting, mainly because it is on such a rise these days.
| Reply by Sandra G Holland on 7/7/13 6:06pm
Msg #475865
Re: Better check that out further...there are cases galore where
Does this mean, jba, that people in that position are so powerless that they can't get justice? No matter whether they are innocent or guilty, are they thrown in the same situation where everyone can jump to any conclusions they want without giving them the benefit of the doubt? Can the agency be sued? Is a class-action suit out of the question? In the olden days, a story like that would have gotten a journalist a Pulitzer Prize.
| Reply by Linda_H/FL on 7/7/13 7:18pm
Msg #475869
FL DCF are Godlike and can do no wrong
or so the authorities think...until such time as the wrong is discovered - like they're caught losing kids in the system, kids they place are mistreated and it comes to the attention of law enforcement, etc etc.
We did some work with DCF in the law firm where I worked recently - the grandparents, legal guardians of the child, were the criminals when the biological father, after 6 years of absence, decides he wants INTO his kid's life. The system all swung the father's way - it was disgusting.
| Reply by Susan Fischer on 7/7/13 5:04pm
Msg #475857
I laughed when I read your post, Sandra. n/m
| Reply by Sandra G Holland on 7/7/13 6:02pm
Msg #475863
Re: I laughed when I read your post, Sandra.
There you go again with one of your Insult-A-Ramas, Susan. It's a wonder you have any friends left.
| Reply by jba/fl on 7/7/13 8:29pm
Msg #475871
Home is your castle
One sampling from my friend Google using "home is a castle law" as search word
http://source.southuniversity.edu/castle-doctrine-from-state-to-state-46514.aspx
It is when you, the home dweller, is under attack not when invaded by the government, etc. For further discussion, we have to move this to Just Politics I think.
"States like Texas allow citizens protecting their homes, car, or place of business or employment to use force – including lethal force – when an intruder has unlawfully entered or is attempting to enter using force; is attempting to remove someone from the home, car, or workplace by force; or is attempting to commit a crime such as rape, murder, or robbery. An attempt to retreat is not required before a citizen is justified in using force against the invasive party in Texas." So you are ok with your weapon of choice.
"The state of Florida has such a strong Castle Doctrine that the dwelling being protected does not need to have a roof; can be mobile or immobile; and can be as temporary as a tent." Hey - so am I!!
- See more at: http://source.southuniversity.edu/castle-doctrine-from-state-to-state-46514.aspx#sthash.Z8rv05zl.dpuf
| Reply by Sandra G Holland on 7/7/13 9:45pm
Msg #475879
Re: Home is your castle
Thanks, jba, for your research. I'm sure I heard of the phrase in the context of history long before I heard of it as a law, but I don't have a source.
| Reply by Susan Fischer on 7/7/13 11:55pm
Msg #475889
Classic highjack. (But as to "that detail", it's called
Agency Law.)
| Reply by Les_CO on 7/8/13 8:49am
Msg #475901
The IRS is probably the most powerful agency in this country; they can confiscate and sell all your assets, seize any and all of your records, open your safe deposit boxes, garnish your wages, close your business, and send well-armed ‘agents’ (read storm troopers) into your homes. The closest we can get to the Deaths Head Gestapo. And remember with the IRS you are GUILTY until proven innocent. In some cases they may need to get a court order to do this, but that is strictly a never refused formality. Forget about free speech or Constitutional Rights…….Don’t mess with these guys! JMO.
| Reply by BrendaTx on 7/8/13 7:24pm
Msg #475981
Amen. n/m
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