IRS Coming After You? Why a Tax Attorney for Back Taxes Is Your Best

Unfiled Tax Returns

Written by

Anthony N. Verni

Published on

October 28, 2025
IRS Coming After You

Back taxes don’t usually land in one big shock; they drag up over time. Maybe it’s a return you never got around to filing, a balance that rolled over, or a penalty that just kept adding on. At first, it feels like something you can push aside and deal with later. But once the Internal Revenue Service (IRS) starts sending those notices, the pressure builds fast, and suddenly the risk of liens, levies, or wage garnishment is right in front of you.

That’s exactly when having a tax attorney for back taxes makes all the difference. Instead of trying to keep up with every notice on your own, you’ve got someone who knows how to resolve IRS tax debt with the right mix of legal protection and tax strategy. And what comes next isn’t theory; it’s a clear look at how an attorney steps in, defends your rights, and works to get IRS debt under control.

The Role of a Tax Attorney for Back Taxes

Back taxes are simply unpaid taxes from previous years that remain on the IRS record. They may come from unfiled returns, mistakes in past filings, or bills that were never paid in full. Once the IRS marks them as overdue, penalties and interest keep growing, and the IRS gains the power to enforce collection.

This is where a tax attorney for back taxes makes a difference.

Why Hire a Tax Attorney for Back Taxes?

Their role is not just filling out late returns; it’s defending you against IRS actions and finding legal ways to reduce the damage. Unlike Certified Public Accountants (CPAs), attorneys can negotiate settlements, represent you in court, and shield you if the IRS questions your intent. Key ways a back tax attorney helps:

  • Communicating with the IRS: They step in as your representative, so you no longer have to handle stressful calls and notices on your own.
  • Tax penalty relief: Attorneys request penalty abatement when you qualify for reasonable cause, which can remove or reduce extra charges.
  • Settlement options: They help you apply for programs like installment agreements or Offers in Compromise to bring the debt down or make payments affordable.
  • Stopping IRS collections: If liens, levies, or wage garnishments are in place, an attorney works to release or prevent them.
  • IRS Audit representation and appeals: They defend you during IRS audits and challenge assessments if the IRS claims you owe more than you should.
  • Fixing unfiled returns or IRS substitutes: Attorneys address missing returns and replace IRS-filed “Substitute for Returns” with accurate filings that often reduce the balance due.
  • Fraud or criminal defense: In serious cases where the IRS suspects fraud or evasion (Domestic and Offshore Tax Evasion), only an attorney can provide legal protection.
  • Protecting taxpayer rights and future compliance: They make sure the IRS respects your rights to appeal and fair treatment while also advising how to avoid back tax issues in the future.

In short, an attorney’s job is to protect your rights while pushing for the best possible resolution of your IRS debt.

When to Use a Back Tax Attorney vs. a CPA?

Taxpayers often wonder whether they need a CPA or an attorney when facing back taxes. The choice depends on the stage of the problem.

  • CPAs are best when you need IRS back tax help, preparing or correcting returns, organizing deductions, or handling accounting-related issues. Their work focuses on accuracy and financial reporting.
  • Tax attorneys become necessary once the IRS takes action or a legal dispute exists. That includes defending against audits, working to stop wage garnishment, preventing bank levies, challenging tax liens, or disputing the amount the IRS claims you owe. Attorneys also handle settlement negotiations and appeals and represent taxpayers in civil tax litigation, a level of legal defense where CPAs are not authorized to act.

With Verni Tax Law, people benefit from both sides. With the combined skill of an Attorney-CPA, you don’t have to choose between precise tax preparation and strong legal defense. Both are applied to your case from start to finish.

How Attorneys and CPAs Maximize Deductions on Late Returns?

When returns pile up, the IRS will take what it sees on record and leave it at that. It won’t search for receipts, missing credits, or deductions you may have earned years ago. That’s why working with an attorney and a CPA together matters. They go back, piece together what’s missing, and make sure that your failure to file past tax returns is corrected in a way that reflects the lowest legal tax bill you should be paying.

Forensic Review and Document Recovery

The first step is often rebuilding what’s missing. Attorneys and CPAs:

  • Request IRS transcripts to see what income has already been reported.
  • Collect bank statements, receipts, and payroll records to fill gaps.
  • Recreate prior-year returns to uncover back tax deductions you didn’t claim before.

This forensic review ensures returns are filed with all the right information and that any credits you qualify for are properly included. It’s the groundwork for lowering back taxes.

Identifying Overlooked Credits and Deductions

Late returns are often missing valuable tax breaks. Professionals review filings to find deductions and credits that reduce the bill, such as:

  • Earned Income Tax Credit (EITC) for qualifying workers and families.
  • Child Tax Credit for parents.
  • Home office deduction for self-employed individuals.
  • Education credits like the American Opportunity or Lifetime Learning Credit.
  • State and local tax credits that may have been skipped.

By claiming missed deductions, attorneys and CPAs can turn an inflated balance into something manageable and, in some cases, even uncover refunds.

Amending Substitute for Returns (SFRs)

When a taxpayer doesn’t file, the IRS may create a Substitute for Return (SFR). These are often unfair because of the IRS.

  • Reports income but leaves out deductions and exemptions.
  • Sets tax based on worst-case numbers.

Attorneys step in to:

  • File accurate returns that replace the SFR.
  • Add back all eligible deductions, credits, and exemptions.
  • Reduce inflated balances that the IRS would otherwise collect.

This single correction can drastically cut back taxes owed.

Filing Unfiled Tax Returns Correctly

Unfiled returns are a major trigger for IRS enforcement. An attorney provides unfiled tax return assistance by:

  • Preparing multiple unfiled years at once to bring taxpayers current.
  • Making sure each return is accurate and complete so the IRS can’t reject it.
  • Coordinating with CPAs or in-house preparers to include all credits, deductions, and proof of income.
  • Preventing the IRS from filing more SFRs.

Correct filing is also the gateway to relief. The IRS won’t consider tax debt settlement programs like installment agreements or Offers in Compromise until your returns are up to date. Attorneys make sure you’re fully compliant before requesting relief.

Tax Relief Options When Owing Back Taxes

Owing back taxes doesn’t always mean paying the full balance in one shot. The IRS has several relief programs that attorneys use to reduce, delay, or manage payment of tax debt. Each option comes with its own rules and requirements, and choosing the right one often depends on your income, assets, and history of compliance. A back tax attorney helps you sort through these choices and present the strongest case to the IRS.

Installment Agreements

An IRS installment agreement lets you pay what you owe in monthly payments instead of all at once. Attorneys help by:

  • Negotiating terms that fit your budget.
  • Preventing default by making sure the agreement is realistic.
  • Stopping aggressive IRS collection actions once the plan is approved.

Offer in Compromise (OIC)

An offer in compromise allows taxpayers to settle for less than the full amount owed if they can prove that paying in full would create financial hardship. Attorneys:

  • Prepare detailed financial statements to support eligibility.
  • Negotiate with the IRS to lower the settlement figure.
  • Ensure you meet compliance rules so the offer isn’t rejected.

Penalty Abatement

IRS penalties can sometimes be reduced or removed if you have a valid reason for falling behind. Attorneys request penalty abatement when:

  • Illness, natural disasters, or reliance on bad advice caused nonpayment.
  • You qualify for “first-time abatement” due to a clean history.
  • Documentation can prove reasonable cause for the delay.

Currently Not Collectible (CNC) Status

When someone cannot afford to pay anything, attorneys can request CNC status. This doesn’t erase the tax, but it:

  • Stops IRS collection actions while finances are reviewed.
  • Prevents levies and garnishments during the hardship period.
  • Buys time until your situation improves or other relief becomes possible.

IRS Fresh Start Program

The IRS Fresh Start Program expanded access to relief options, especially OICs and installment agreements. Attorneys use it to:

  • Help more taxpayers qualify for settlements.
  • Raise the debt threshold for filing liens.
  • Secure better terms for repayment under new guidelines.

Partial Payment Installment Agreement (PPIA)

A PPIA works like an installment plan, but the monthly payments don’t cover the full balance, and the remaining debt may be forgiven once the collection period expires. Attorneys.

  • Negotiate approval for PPIA when full payment isn’t realistic.
  • Show the IRS why a reduced payment plan makes sense based on your income and expenses.

Innocent Spouse Relief

If your tax debt comes from a spouse’s or ex-spouse’s actions, you may qualify for Innocent Spouse Relief. Attorneys file these requests to:

  • Prove you had no knowledge of errors or omissions on joint returns.
  • Remove liability tied to your spouse’s income or hidden deductions.
  • Protect you from unfair collection of debts that weren’t yours.

Bankruptcy Options

In rare cases, certain older tax debts can be discharged through bankruptcy. A tax attorney for back taxes advises whether:

  • Your tax debt qualifies under bankruptcy rules.
  • Filing bankruptcy is a strategic choice, or IRS programs would serve you better.

Also Read → How to Apply for an Installment Agreement with the IRS?

Avoiding Penalties and IRS Enforcement

When back taxes are left unpaid, the IRS doesn’t stop at sending bills. Penalties grow, notices pile up, and if ignored, the agency can take direct action against income and property. Attorneys step in before the situation reaches that stage, helping clients avoid the steepest penalties and defending against enforcement measures.

What Happens If You Don’t File or Pay Back Taxes?

The IRS has broad powers to collect unpaid taxes, and the process usually escalates if no action is taken. This can include:

  • Penalties and interest are added to the balance each month.
  • Liens are placed against property, making it harder to sell or borrow against assets.
  • Levies on wages, bank accounts, or other sources of income.
  • Seizures of property in extreme cases.

Attorneys help by challenging excessive penalties, negotiating payment options, and stopping enforced collection before it causes lasting damage.

Protecting Your Assets and Future Returns

Back tax problems don’t just affect today; they can spill into future tax years and long-term financial stability. A tax attorney for back taxes focuses on:

  • Keeping assets safe by working to release or prevent liens and levies.
  • Protecting wages and bank accounts from IRS garnishment.
  • Ensuring future compliance so the same issues don’t repeat year after year.

By combining legal strategy with tax knowledge, attorneys not only fix past issues but also give clients a clear path to staying compliant going forward.

IRS Notices and Letters Timeline

The IRS doesn’t move to enforcement without warning. It sends a series of notices, each one more serious than the last. The most common sequence looks like this:

  • CP14: First notice of balance due.
  • CP501: Reminder that the account is still unpaid.
  • CP503: Second reminder with stronger language.
  • CP504: Notice of intent to levy state tax refunds or federal payments.
  • LT11/Letter 1058: Final notice of intent to levy and your right to a hearing.

At each stage, attorneys can step in to respond, negotiate, or file appeals. Acting early often prevents the IRS from moving to liens, levies, or garnishments.

Responding to IRS Letters Before They Escalate

Many taxpayers don’t realize that a well-timed response can change the course of their case. A tax attorney for back taxes helps by:

  • Drafting clear replies that explain the taxpayer’s position.
  • Requesting extensions when more time is needed to gather records.
  • Opening negotiations early to show good-faith efforts at resolving the debt.

Responding quickly can stop the IRS from adding more penalties or moving straight to enforcement.

Enforcing Your Taxpayer Rights

Every taxpayer has rights under the law, but they are easy to overlook when facing the IRS alone. A tax attorney for back taxes makes sure these protections are applied, including the right to:

  • Representation: You don’t have to deal with the IRS by yourself.
  • Appeal: You can challenge IRS decisions through proper channels.
  • Due process: The IRS must follow procedures before taking your property or income.

By enforcing these rights, attorneys level the playing field and ensure taxpayers are treated fairly at every stage of the process.

Why Choose Anthony Verni for Back Tax Resolution?

Falling behind with the IRS rarely feels like one single problem. For some, it’s years of unfiled returns sitting untouched. For others, it’s a notice that started small but kept coming back. And for many, it’s the worry that even after making payments, the IRS may still come back with more. That’s when having the right tax attorney for back taxes matters.

Back tax issues carry legal consequences, financial pressure, and long-term risks if handled the wrong way. You need someone who can both understand the tax code and defend you directly before the IRS. Anthony N. Verni, an Attorney and CPA, brings both skills to every case. If back taxes are weighing on you, don’t wait for the IRS to decide the next move. Contact Anthony directly to schedule a confidential consultation and start taking control of your situation today.

FAQs 

Yes, a tax attorney can often lower what you owe, not by magic but by using the rules in your favor. They look for ways to cut penalties, reduce balances, and create payment terms you can live with. Ways they help include:

  • Correcting old returns: Replacing IRS substitutes with accurate filings that show your true deductions.
  • Requesting penalty relief: Removing charges if you qualify for reasonable cause or first-time abatement.
  • Negotiating settlements: Applying for programs like Offers in Compromise when full payment is not possible.
  • Setting up affordable payment plans: Making sure installment agreements are realistic for your income.

So while the tax itself does not disappear, the total balance can often be brought down.

Yes, many clients have. For example, Anthony Verni, Attorney and CPA, has helped individuals correct unfiled returns, lower IRS balances, and move forward without enforcement hanging over them. Here’s what one client shared:

“Anthony was creative in helping me resolve some past issues in a way that they never became a problem so that is greatly appreciated and I feel confident I can now enjoy my retirement with peace of mind. Thanks for that.”
— Ken B., Cebu City, Philippines

This shows how the right professional can not only reduce IRS problems but also restore peace of mind

It depends on how serious your tax situation is. A CPA is ideal when you only need help preparing or amending tax returns, identifying deductions and credits, or handling accounting matters. But once the IRS begins enforcement, such as wage garnishment, liens, levies, or a legal dispute, a tax attorney is the correct choice. They can legally defend you, negotiate settlements, file appeals, and represent you in court or before the IRS.

Penalty abatement is when the IRS agrees to reduce or remove penalties, usually because you qualify for reasonable cause (such as illness, natural disaster, or first-time relief). You still owe the original tax, but the extra charges are reduced.

An Offer in Compromise, on the other hand, is a settlement where the IRS accepts less than the full tax owed because paying in full would cause financial hardship. Attorneys often request both penalty relief first and, if you cannot pay the remaining balance, an Offer in Compromise.

The IRS offers several options if you cannot pay the entire balance. These include installment agreements (monthly payments), partial payment plans, or placing your account in “Currently Not Collectible” status if you truly cannot pay. In some cases, an Offer in Compromise can settle the debt for less. A tax attorney helps you decide which option you qualify for and negotiates with the IRS so you are not pushed into a plan you cannot afford.

Author

Anthony N. Verni

ATTORNEY AT LAW, J.D., CPA, MBA
With 20+ years of experience practicing before the IRS, I bring a rare combination of legal and financial expertise as both an Attorney and a Certified Public Accountant.
Contact Me

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Hear from relieved
Taxpayers who trusted Verni Tax Law

Anthony was creative in helping me resolve some past issues in a way that they never became a problem so that is greatly appreciated and I feel confident I can now enjoy my retirement with peace of mind. Thanks for that.

Ken B.

Cebu City, Philippines

Anthony was creative in helping me resolve some past issues in a way that they never became a problem so that is greatly appreciated and I feel confident I can now enjoy my retirement with peace of mind. Thanks for that.

Douglas R.

Osaka, Japan

Anthony was creative in helping me resolve some past issues in a way that they never became a problem so that is greatly appreciated and I feel confident I can now enjoy my retirement with peace of mind. Thanks for that.

Phil Y

President, Swift & Secure Systems Inc., Boynton Beach, FL

Anthony was creative in helping me resolve some past issues in a way that they never became a problem so that is greatly appreciated and I feel confident I can now enjoy my retirement with peace of mind. Thanks for that.

Yassin and Eva, B.

President, Swift & Secure Systems Inc., Boynton Beach, FL

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