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Deininger & Wingfield, P.A.
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FAQ Page
  Why should I use Deininger & Wingfield, P.A.?

Experience

Deininger & Wingfield, P.A.’s practice consists almost entirely of representing clients in tax disputes and tax collections.  Deininger & Wingfield, P.A.’s six attorneys and CPAs have over 70 years of combined experience dealing with resolving client’s tax problems.  Unlike most corporate tax law and accounting firms that usually only deal with whether or not the tax liability is due and owing, Deininger & Wingfield, P.A., handles all aspects of our clients’ tax issues from initial evaluations of a proposed audit adjustment or assessment to comprehensive analysis of collection potential and alternatives.  By targeting the issues that are most important to the overall outcome, Deininger & Wingfield, P.A., strives to use a client’s resources efficiently, and does not waste time and effort fighting a liability that will likely never be reduced, but rather concentrates on dealing with the tax liability as a collection problem. 

Specialization
When it comes to representing clients in the tax collection business, we are unaware of any firm in the state with more experience than our firm.  Because we concentrate on tax dispute resolution, we understand the available options for negotiating and pursuing resolutions most favorable to our clients.

Knowledge

Unlike national “consulting” firms who use aggressive advertising to promote “Pennies on the Dollar” Offers in Compromise, we understand the complicated rules for discharging taxes in bankruptcy, know when bankruptcy is a better option than an Offer in Compromise, and when the mere threat bankruptcy can significantly lower the amount of an Offer in Compromise.  While the national firms profess to be federal Offer in Compromise specialists, they know little or nothing about state Offers in Compromise and how they should be handled in connection with a pending IRS Offer in Compromise.  It does a taxpayer no good to compromise a large amount of federal taxes when the lower, but still significant, amount of state taxes is left unresolved.

Deininger & Wingfield, P.A., knows virtually every state and federal tax collector in this state.  We know how each one approaches his or her job, what has worked as a solution with that collector in the past, and many other nuances and idiosyncrasies of the individual tax collectors and how to best deal with each.
Why do I need an attorney and not just a Certified Public Accountant?

Very few traditional Certified Public Accountants (CPAs) have enough experience in the tax collection process to do it efficiently.  Furthermore, most, if not all, CPA firms that operate in this area are not knowledgeable about bankruptcy, which can only be handled by a lawyer.  In addition, when Tax Court litigation is necessary, although a CPA can handle it, it puts a CPA beyond his or her natural element.  CPAs are taught to account and plan, which is part of the process.  However, negotiation, argument, and legal proceedings are the other parts of the tax resolution process.  While the skills that CPAs have are helpful to this process, that is not all that is necessary.  Our firm consists of four attorneys (two of whom are CPAs and another has a Masters in Estate and Tax Planning) and two CPAs.  We have found that CPAs make excellent tax resolution specialists when properly trained and supervised by an attorney.
Can I go to jail?
IRS Criminal Investigation Division, since about 1988, has been beefed up to handle the resulting aftermath of the poor job done by the Internal Revenue Service with regard to compliance and collection.

26 USC §7201 states that it is a felony to purposefully attempt to evade or defeat any federal tax, and is punishable by prison and/or fines.  This includes two separate crimes, attempting to evade or defeat by failing to file and/or by failing to pay.  It is also a felony to fail to account and pay over employment withholdings (26 USC §7202), and/or to willfully file a fraudulent tax return (26 USC §7206).  Federal law states that willfully failing to file and pay income taxes or estimated taxes is a misdemeanor (26 USC §7203).  Currently, the IRS is devoting significant time pursuing employers who fail to pay employment taxes while living lavishly or otherwise taking actions to avoid payment.

Likewise, Arkansas law makes it a Class C felony to willfully attempt to evade or defeat any state tax (Ark. Code Ann. §26-18-201.

In short, the failure to file income taxes and the failure to pay income taxes while taking evasive action to avoid doing so can involve criminal prosecution and jail time.  While the vast majority of tax cases are not criminal matters, it is important to recognize a case that may become criminal and persuade the IRS to not pursue those that are investigated by the Criminal Investigative Division.
 

 

 
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DEININGER & WINGFIELD, P.A. ©
920 W. 2nd Street, Little Rock, Arkansas 72201
501.372.3843