Overview
Gregory R. Wilson has a general tax law practice representing individuals and companies in tax controversies and assisting clients with tax planning for business and transactional matters. Greg represents clients in tax disputes at all levels including audits, IRS Appeals, Tax Court and refund litigation. He also represents taxpayers with various defensive tax collection measures and other procedures such as offers in compromise and innocent spouse relief petitions. On the planning side, Greg provides tax advice to taxpayers and other professionals regarding the taxation of matters and assists with structuring business transactions to minimize taxes.
Some of the types of legal services provided by Greg are:
- Income tax audits
- Income tax refund claims
- Tax deficiency and refund litigation
- BOE sales tax audits and disputes
- FTB income tax audits and disputes
- IRS employment tax audits and disputes
- Defensive tax collection measures such offers in compromises and tax lien releases
- Innocent spouse relief claims
- Requests for refunds or abatements of penalties and interest
- Property tax reassessment appeals
- Prepare, file and negotiate installment agreements to pay taxes due
- Transactional tax planning related to entity formations and dissolutions, mergers, acquisitions, and entity separations
- Advising businesses and individuals on income tax matters
- Issuing tax opinions
- Forming, qualifying and advising nonprofit organizations
Tax Controversy
Two categories of tax controversies - Liability (i.e., taxpayer believes he does not owe what the IRS/FTB claims he owes) and Collection (i.e., taxpayer agrees that he owes the tax but cannot pay it)
Liability
Representing taxpayers who disagree with a taxing agency over how much tax is owed. Contesting the amount owed can occur at varies levels of the process – audit/exam, Tax Court, refund litigation in U.S. District Court, and procedures after tax is assessed. Greg also represents taxpayers seeking refunds and/or abatements of tax penalties and/or interest on taxes.
Examples of tax controversy services provided by Greg:
- Representing taxpayers in IRS and California Franchise Tax Board (FTB) audits
- Litigating tax disputes in Tax Court
- Filing tax refund claims – litigating denied claims in U.S District Court or other appropriate court
- Requests for refunds/abatements of penalties and/or interest
- Property tax re/assessment appeals
- File claims for innocent spouse relief and offers in compromise based on doubt as to liability
- File claims to remove tax liens on property
Collection
Representing taxpayers who do not dispute that they owe the tax assessed/asserted but cannot afford to pay it.
Examples of tax collection services provided by Greg:
- Generally assist taxpayers managing tax collection pressures – levies, liens, utilizing Collection Due Process hearings, etc. – so taxpayers can more orderly deal with their business and/or personal affairs
- Prepare/file/negotiate offers in compromise based on doubt as to collectability to reach settlement to pay less than full amount of tax owed
- Prepare/file/negotiate innocent spouse relief requests to shift liability solely to (usually) former spouse
- Prepare/file/negotiate installment agreements to pay taxes due (sometimes only partially) over time
- Work with bankruptcy counsel to discharge taxes in bankruptcy
Tax Planning
Tax planning generally relates to providing advice regarding the taxation of certain matters and structuring business transactions in a tax-efficient manner. Often, there is a more tax-favorable manner to structure a transaction than a taxpayer has considered.
Examples of tax planning services provided by Greg:
- Advising real estate developers and investors on tax matters such as how to utilize IRC section 1031 in challenging situations to defer gain and how to structure transactions/documents to avoid dealer status and characterize income as long term capital gain
- Advising taxpayers on the tax aspects of debt relief (cancellation of indebtedness), debt exchanges, foreclosures, deeds-in-lieu, short sales, workouts and other restructurings; Assisting taxpayers in structuring transactions/affairs to avoid/minimize tax consequences from debt relief
- Structuring mergers, acquisitions, dispositions, reorganizations (A reorgs, B reorgs, C reorgs, D reorgs, E reorgs and F reorgs) entity formations, entity dissolutions, and other business transactions in a tax-efficient manner
- Issuing Circular 230 covered and other tax opinions for taxpayers and/or tax preparers on tax return positions and transactions
- Structuring IRC section 355 (and synthetic) spin-offs/split-ups to separate businesses/divisions from a group
- C corporation exit planning – structuring various exist strategies to eliminate or minimize double taxation on sale of C corporations
- Forming, qualifying and advising nonprofit organizations regarding California and Federal tax provisions
- Working closely with estate planning attorneys in connection with income tax, property tax and business law issues that arise in connection with their clients’ estate planning and related activities