Complaints

• Initial Complaint

  10/31/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Employed Ansari Law Firm to handle a tax situation. While our contract stated that an Audit Reconsideration would be filed, it was not and instead an Offer in Compromise was filed. While the law firm was thrilled with a reduction in taxes owed, our contract was for an Audit Reconsideration which is vastly different from an Offer in Compromise. While many excuses were given, none of those have been acceptable as there is a doubt in the validity of the tax owed. But this work was never completed. Correspondence has been filed with the *** that has never been submitted to us or approved by us to be submitted on our behalf.

  

  Business response

  10/31/2023

  RE: BBB Complaint:
  
  
  Employed Ansari Law Firm to handle a tax situation. While our contract stated that an Audit Reconsideration would be filed, it was not and instead an Offer in Compromise was filed. While the law firm was thrilled with a reduction in taxes owed, our contract was for an Audit Reconsideration which is vastly different from an Offer in Compromise. While many excuses were given, none of those have been acceptable as there is a doubt in the validity of the tax owed. But this work was never completed. Correspondence has been filed with the *** that has never been submitted to us or approved by us to be submitted on our behalf.  
  
  
  RESPONSE BY ANSARI TAX  LAW FIRM:
  
  
  Dear BBB,
  
  
  Thank you for allowing our firm to respond to the following allegations:
  
  
  1. That an audit reconsideration was never filed
  2. That correspondence was sent to the *** without the client's consent
  
  
  The initial phone call:
  
  
  In 2021, *********************, the husband of ***************************, approached our firm. He told us that his wife "completely dropped the ball" on an income tax audit and missed all of the deadlines to appeal their case. The initial consultation was filled with *****'s frustration, curse words, and an explanation that his wife did not handle the audit with care. This was to remain confidential. However, since the client has opened this to a public forum, we will have to use this information to defend ourselves. In summary, the clients knew that they were clearly at fault.
  
  
  Audit reconsideration: 
  
  
  The remedy for this problem is an audit reconsideration, IF the *** accepts your reasoning for not having timely appealed your case, then they will allow you to go back into the appeal process and file a case with the US Tax Court. 
  
  
  EXHIBIT A: Audit reconsideration filed on 12/8/2020
  
  
  The audit reconsideration was filed. This letter was prepared by our office. It is dated for 12/8/2020 and was submitted to the *** local office as directed by the practitioner's priority line. It clearly lays out the reasoning behind why the audit was deemed inconclusive per our client. As their attorneys, we represented them fully and to the best of our ability. However, it is clear that the *** did not believe their story as their own government agent just not responding to them. The *** agents have clear guidelines and Supervisors also have to sign off on closing an audit. It goes through many stages and there are numerous letters sent out over a period of 5 months. Per the ***, the taxpayer did not respond to them after seeing the size of the liability.
  
  
  In this case, we filed for an audit reconsideration, but as it turns out, the *** did not feel as though there was a reason to allow the taxpayers to appeal their case. They had no legitimate reason for missing their deadlines per the ***. After we completed representation, *************************** told us that she was sick during the audit and wanted to use that as a new excuse.
  
  
  
  Contract: EXHIBIT B
  
  
  The contract clearly states "Audit reconsideration App." This means that you APPLY for an audit reconsideration, but that it is not always granted. If it is granted, then only can you go through the appeals process again.
  
  
  EXHIBIT C: Offer in Compromise signed by the  client
  
  
  Our contract also states contingencies in the event that the audit reconsideration is unsuccessful. The contract states "OIC", which stands for offer in compromise. An offer in compromise would reduce the liability for a lesser amount. That is a backup in the event that the audit reconsideration is not granted. The purpose of this is so that the client is not left hanging after already spending a significant legal fee and not getting a result. After filing the **** the client was told to make estimated tax payments for the current year and also to file their current year's tax return on time. Those are requisites for an OIC. The client did not file their 2021 tax return and the case was rejected. Again, the document was clearly signed by the client and was sent with their consent EXHIBIT C (OIC RETURNED)
  
  
  Currently noncollectible status:
  
  
  Then, our firm filed a currently noncollectable status application which means the client does not have to pay any tax until they can afford to do so. That worked. We did not charge the client for this service.
  
  
  This resolution was better than anything else that they could have completed otherwise because they did not even have the requisite books and records to complete the audit. They currently make no payments on their debt.
  
  
  
  Summary:
  
  
  You will find that our office did about 3 times the amount of work that the client paid the firm. The initial audit consideration request was filed and dismissed by the *** as they saw no merit in the client's claims. There were no documents that were filed without the client's consent. We have signed copies of all of the documentation that was submitted.
  
  
  Voluminous documentation:
  
  
  Due to the large volume of documentation, I ask that you please let me know what else we can send to you. There are well over 200 files and **** pages that it is impossible to upload. I can make this available to you in any way you would like. Please feel free to have an agent visit our office or for us to visit your office to examine this case file.
  
  
  
  
  
  
  Sincerely,
  --
  Thanks,
  
  
  ******* Ansari ****, LL.M. (Tax)
  
  
  Licensed in:  ********, Texas, and Georgia
  
  
  Phone & Fax:  **************

  Customer response

  10/31/2023

   
  Complaint: 20804878
  
  I am rejecting this response. While statements against our character are baseless and not applicable to the complaint, there is still no evidence provided that follows the paper trail regarding the Audit Reconsideration. The character attacks have unfortunately been a standard practice throughout the representation period. When a tax attorney becomes involved, it's obviously because of a missed deadline. That has never been disputed. That never gives a professional the right and basis to make a derogatory statement regarding character. Upon review by the TaxPayer Advocacy program, a secondary tax attorney, questions regarding the processes followed have arisen. Payment was made for certain processes to be handled and COMPLETED. 

  Attacks regarding illness, hospital stays and sickness are again unwarranted. A broken tibia, fibula, death of a parent and septic shock are not invented. These life experiences did warrant possible deadline extensions. However, with the constant change of paralegals within the Ansari Firm, these life experiences were not known nor considered by the Law Firm until after-the-fact. And now, based on this response, treated as though they were used as "excuses". That's just another unfortunate attack on character. None of it, justifies the lack of completion by the Ansari Law Firm, of the Audit Reconsideration. Where is that particular paper-trail?
  
  Sincerely,
  
  *****************************

  

  Business response

  10/31/2023

  Paper trail:

  The *** does not use email. They only send letters on specific matters or the communication is completed via phone call with the *** practitioner priority line. Where applicable we have sent tracking information. Again, this case went on for nearly 3 years.

  The client stated that the audit reconsideration process was never complete. The audit reconsideration process was complete. Our firm submitted *********** and the *** did not believe those were sufficient grounds to move forward and allow an appeal. That was submitted in our first response.

  Personal attacks:

  These are the facts of the representation and not personal attacks. Exhibit D shows the respect that we have given the client.

   

   

  Customer response

  11/01/2023

   
  Complaint: 20804878
  
  I am rejecting this response because as requested, we have yet to receive correspondence regarding the Audit Consideration filing and the FOLLOW-THRU of that filing. The statement regarding the *** using or not using email is not relevant. We continue to ask for evidence that the Audit Consideration was filed and the results. While documents are being provided through this venue, the APPLICABLE documents are not being provided and that has been the standard response. In reviewing the taxpayer transcripts, there is no indication through the ***, that the process was completed.
  
  Sincerely,
  
  *****************

  

  Business response

  11/01/2023

  The submitted copy of the Audit reconsideration was already provided in a previous submission. The *** does not issue response letters if they feel as though there is no need to reopen the case. We cannot force the *** to change its policies. The client's problem is with the administration of the ***. This is out of our control.

  Customer response

  11/01/2023

   
  Complaint: 20804878
  
  I am rejecting this response. If there is no response letter, than how does one know that the offer has been rejected? Why would we move to an Offer in Compromise if there is no response on the Audit Reconsideration. And why is there no indication of the Audit Reconsideration in the *** Transcript. This is not an issue with *** policies, this is an issue with the actions of the ******************* in question. If the Audit Reconsideration is not listed in the official *** Transcript, it seems as though this part of the contracted work was not completed. We will continue to request that information as our contract stated that an Audit Reconsideration would be filed. We have documents regarding responses from the *** and Ansari Tax Firm related to the Offer in Compromise. So is the statement that the *** doesn't respond JUST TO an Audit Reconsideration? But obviously responds to an OIC? 

  
  Sincerely,
  
  *****************

  

  Business response

  11/08/2023

  The following work has been submitted as per the contract:

  1. Audit reconsideration - This was submitted in a previous response. The *** chose not to move forward with it and did not allow an opportunity to reopen the audit

  2. Offer in compromise - Submitted and the *** made a determination

  All of the work was complete. The problem is that husband who originally spoke with our firm is different from the person who is filing the complaint with BBB. This is the disconnect.

  There will not be a refund.
  

  Customer response

  11/08/2023

   
  Complaint: 20804878
  
  I am rejecting this response because the respondent has yet to provide information regarding the Audit Reconsideration and the *** response that indicates that it was reviewed and denied. The Law firm has submitted documents as a part of this complaint with my name, used my credit card to pay fees and has referenced me as a client. This is a weak attempt at denying culpability. The ************************ has requested the aforementioned information as there is nothing in the *** transcripts to indicate that the Audit Reconsideration was ever filed. I am asking again for proof that this was indeed filed. If the respondent would like an additional complaint filed from my spouse, that can certainly be filed and will ask for the same information. 

  
  
  Sincerely,
  
  *****************

  Customer response

  11/14/2023

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID .********, , and find that Mediation is necessary.

  Regards,

  *****************

  

  Business response

  11/14/2023

  Better Business Bureau:

  I have reviewed the response made by the business in reference to complaint ID .********, , and find that Mediation is necessary.

  Regards,

  *****************

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