Click here to watch or read more information on IRS Back Taxes.<\/a><\/p>\nDARRIN T. MISH: <\/strong>\u00a0Absolutely, absolutely. So today we had our very first chick hatch so I am officially a farmer so the jeans that I am wearing right now and the cowboy boots that I wear every day and goes along with the intro song that Pat George just came up with.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0He’s so dressed up with his dressy shirt and those cuff links.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0I do have a cuff link shirt on.<\/p>\nPAT GEORGE: <\/strong>\u00a0What do you live\u00a0a 100 miles\u00a0away from a\u00a0publix?<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Maybe they order their food on Amazon.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0So anyway that’s the big announcement.\u00a0 I do have photos and we have one, this little girl or not really sure which yet is a day early.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Is it the chickens that lay the little eggs?\u00a0 Or just regular eggs?<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Well, I have 2 sets actually.<\/p>\nPAT GEORGE: <\/strong>\u00a0Well ,you will know soon enough in the morning at 6 o’clock comes whether its talking or not.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0For sure.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0So in order…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0What’s the incubation time by the way?<\/p>\nDARRIN T. MISH: <\/strong>\u00a0It’s 21 days and so to get here to the studio I have to wake up at oh dark thirty right now but not as early as Pat but it’s still dark outside and so you know we live in a rural area and I hear this bird chirping and I’m like wow it’s kind of early like the sun isn’t even up, I don’t know why that birds chirping so I don’t think anything of it I get ready and I get into the truck and I’m about, I don’t know, I am about 5 miles away and I start getting text photo’s from my wife that there is a baby chick that hatched.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Oh, so you didn’t get to see it yet.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0I haven’t seen it yet but I do have some photos.<\/p>\nPAT GEORGE: <\/strong>\u00a0If you heard that as soon as you woke up how close do you sleep to the chicken coop?<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0That’s what I was thinking. Where is the chicken coop?<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Well, we had put the incubator in the, in the master bedroom because number one the master bedroom is enormous but also…<\/p>\nPAT GEORGE: <\/strong>\u00a0 You are a farmer.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0 Yes but also so I could keep an eye on it.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0If you got the chickens in your bedroom you might be…<\/p>\nDARRIN T. MISH: <\/strong>\u00a0You might be a redneck if…but it’s actually a little bit challenging the incubator has to be, has to be a constant temperature and the humidity is supposed to be constant and that’s a challenging thing because you have to check it at least twice a day.\u00a0 So that’s the big announcement it has nothing to do with tax problems it has nothing to do with the IRS.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0They would probably die in my house.<\/p>\nPAT GEORGE: <\/strong>\u00a0You know he’s got turkey’s, chickens before you know it he is going to have hot air balloons landing in his field.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Yes he probably will cause I know they moved somewhere up north they used to go like right over my house and it’s too congested now so they’ve moved somewhere up your way.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0I wonder what the legalities are of the hot air balloon that has to put down on your land.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0We had one land on our, we had one land on our street before.<\/p>\nPAT GEORGE: <\/strong>\u00a0You could get a free ride.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Like in the Wesley Chapel area you see them quite frequently on very very still mornings.<\/p>\nPAT GEORGE: <\/strong>\u00a0I live in the city so once I saw a group of party balloons\u00a0go\u00a0over the neighborhood, that’s the closest I get to any craziness in my neighborhood.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0We used to hear them like all the time on Saturday mornings, you would hear this\u00a0whooosh\u00a0right over your house and you are like, oh gosh, there’s a hot air balloon, like one time it was so loud and I got up and went outside and looked and they were literally…<\/p>\nPAT GEORGE: <\/strong>\u00a0Have you ever had the chance to ride one?<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Yeah.<\/p>\nPAT GEORGE: <\/strong>\u00a0Yeah it did that\u00a0ssshhhh\u00a0noise, it was really cool over plant city grove on a Sunday morning and you actually, you do that noise and people are looking around first and then they look up and you go good morning cause you are right above their head.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0You are only a couple of hundred feet, right?<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0That was like,\u00a0 that was one of my grandfather’s dreams he always wanted to go on a hot air balloon ride so for him and my grandmother for their 50th wedding anniversary, I bought them a hot air balloon ride and my grandpa, my grandmothers like I’m not riding that thing and my grandfather was like, he couldn’t wait he was so excited, he was like a little kid on Christmas morning like up on his toes like I was going with him and that was the second time I had went and he was so, like he was tickled pink for a week.<\/p>\nPAT GEORGE: <\/strong>\u00a0I know why you got those properties so you could take more deductions on your IRS deductions.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0You know that would go on a Schedule F form.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0You green belt it.<\/p>\nPAT GEORGE: <\/strong>\u00a0It’s why he did all of this.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Yeah, we probably will be green belting it.<\/p>\nPAT GEORGE: <\/strong>\u00a0He knows.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Yeah, he’s seen enough.<\/p>\nPAT GEORGE: <\/strong>\u00a0You are going to see a lot of cattle grazing you know and you get that deduction.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0There might be cattle in my future. One never knows and there are probably horses, too.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0One year we were doing something, I think we were at a Florida Realtor convention or something and there was someone else that happened to be there in the bar area that we were hanging out and he was talking about cattle in Florida and he was like Florida is a big cattle state. A lot of cattle comes out of here.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0We could Google it\u00a0 but as I recall it Florida is\u00a0like\u00a0the number 8 cattle producer in the country which is really interesting cause you always think about cattle growing out west in Texas and Oklahoma and…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Somewhere else.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Those areas but if you start to pay attention to it as you drive around the more rural areas and even in the northern edge of Tampa you see more and more cattle and part of that is our green belting laws. You just need a couple of cows out there so that you could get the agricultural exemption but there’s a lot of cattle, I mean if you think about it, they don’t have to put up with the cold weather right.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Yeah.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0And so I think there are happy cows probably make good hamburgers.\u00a0 So the topic for today’s show is not that we had a chicken hatch, the topic of the show today is what not to say to the IRS if you owe them money.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0It’s actually a pretty good topic for the show we have never covered this but it’s pretty much right on time like it’s very legitimate if you had a call or a letter from the IRS, like that would probably be one of the first things on my mind is, oh, I probably need to deal with this but what do I not say that could get me in trouble?<\/p>\nDARRIN T. MISH: <\/strong>\u00a0You know people especially people that are handling the cases themselves obviously right cause they have no go-between, they have no you know rep to go ahead and be the go-between.\u00a0 They will often just say way too much to the IRS they think well I’m going to deal with this person from the IRS who I owe 50 grand to or whatever, I’m going to deal with them just like I would deal with any other person, any other human being I’m\u00a0going\u00a0to be honest and forthright and I’m just going to tell them everything that I want them to know or everything that they ask me and I’m not going to say for even a second that you should ever mislead or misrepresent but…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0What if the revenue officer shows up at your office and they are asking a lot of questions I’m sure.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0So the best advice that\u00a0have, it’s a little bit self-serving or could at least sound self-serving is that if a revenue officer shows up at your place and wants to talk to you I don’t think you should talk to him other then to say hey it’s so great that you came by, I’ve been meaning to deal with this for a long time. I have a rep or I am going to get a rep thank you very much and stop talking. Becuase you don’t know, you have no idea why they are asking you the questions they are asking you and you have no idea what the correct answers are you are going to be under stress right, your adrenaline’s going to be pumping because you have been putting this off for 17 years and all of a sudden there’s, it’s real, the person’s in front of you, maybe they are in your living room sitting on your couch you know….<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0What kind of questions do they ask when they pop up, do other people ever mention?<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Well, the first thing they are going to ask is, so do you have the ability to full pay this liability today, I’m sure there are people that do…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0That’s the first thing that they ask?<\/p>\nDARRIN T. MISH: <\/strong>\u00a0I think that is pretty much the first thing they ask.\u00a0 The next thing that they are going to ask is what are your sources of income, how much is that income, what are your expenses, what assets do you have? That’s really important because if you know if you have the money or if you have the means to liquidate an asset to full pay, the IRS is going to ask you to do that immediately, they are going to ask you what the value of your assets are.\u00a0 So they are basically going to put you through with no notice, they are going to put you through a financial audit of sorts to determine what your ability to pay is and what their ability to collect the money is.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0So if you tell them that you are going to hire counsel or representative or somebody to help you with the matter like from an attorney perspective, legally, do they have to say, do they have to respect that and go ok I’m going to leave you alone to talk to them?<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Well certainly if it was a criminal sort of case right and you invoke your rights to an attorney, the law says or at least case law says that they immediately stop questioning and let you seek counsel before they continue questioning.\u00a0 I’m not so sure what the deal is in the IRS setting. I don’t think there is any penalty if they continue to insist that you speak to them.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0There’s probably not a whole lot of case law on that either.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0 What I’d like, what I’d like to see in a perfect situation is I’d like to see the homeowners say what I’d said you know hey I’m so glad that you are here I’ve been meaning to deal with this for years I have an attorney I will have him or her call you and then slam the door.\u00a0 Which sounds a little rude, right, but it’s not super polite to show up on your door and say hey I’m from the IRS, I’m a revenue officer I’m here to collect money.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0It’s not like they made an appointment to show up.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Right, so, one of the biggest reasons that I would offer that advice is, you know you are just going to be under stress and you are going to say things that you are going to regret.\u00a0 I’m not saying you are gonna swear at them or anything like that, that’s not what I mean. I mean you are going to be scared.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Like\u00a0bibble\u00a0babbling.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0And you are gonna say stuff that may be inaccurate, you are going to say things that are…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Might not come out right.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Right, I mean there’s, you are not going to be thinking about what’s going on and\u00a0 I just think it’s a lot better to have a rep if you can or if it’s appropriate so that that rep can be the go between you and the IRS, and we can talk about that in the next segment.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Yeah, we’ve got a least 4 tips coming up for you, the wonderful person listening thank you for listening to the IRS Solution Attorney show and today’s topic is what not to say to the IRS.\u00a0 When we come back we are going to dive head on into that.<\/p>\nPAT GEORGE: <\/strong>\u00a0We learn so much on this show now we know what came first the chicken or the egg.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Or the egg. In this case, it was the egg from Ebay.\u00a0 Alright, we will be back in a minute.<\/p>\n(commercial break)<\/p>\n
KATRINA MADEWELL: <\/strong>\u00a0Wow, there’s a lot of voices in that one.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0I actually, I actually met the writer of that song, I believe it was not John Denver it was somebody else and I have actually spoken to her before and she get’s paid royalties to this day, she probably just made a penny. She is local too.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0I’ll take it.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Anyway here we are back on the IRS Solution Attorney show I am THE IRS Solution Attorney Darrin T. Mish.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0I’m your co-host, Katrina Madewell. Thanks for sticking around.\u00a0 If you’ve got questions or you have the IRS knock on your door we would love to hear from you today but we are going to tell you what not to say to them if and when they come and we are 888-404-1010. Again makes sure that numbers in your cell phone and you are not driving calling us, 888-404-1010.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Absolutely, if you are driving go ahead and call us like everybody talks on the cell phone all the time, that’s a disclaimer I don’t really mean that.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Pull over, dial the number then you can talk to us on your\u00a0bluetooth.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Be an adult, do whatever you want.\u00a0 But to recap the first segment the reason for the bumper music is I had a big announcement, the big announcement was that I am now a first time, part time farmer….<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Chickie, chirp, chirp.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Hatched our first chicken eggs from an incubator today, we’ve had one successful hatch so far.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0I just saw the picture to it’s really cute.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0And we will keep you posted next week on how many chickens actually hatched.\u00a0 We have 32 eggs under incubation in 2 waves one week apart.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0I’m guessing they might wake you up over the weekend.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0We shall see.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Since they are in your bedroom little farmer boy.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0We shall see, so the purpose of the show or the topic of the show today is what not to say to the IRS and we also were talking about what to do if a revenue officer shows up on your doorstep.\u00a0 My best advice is to thank them for coming by, let them know that you are very interested in, interested in resolving the problem and that you have hired an attorney or a rep of some sort and that rep will be contacting them and say nothing else. That would be my best advice, that’s my fantasy advice.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0So what if they are like, they you know, maybe it’s not a huge amount but they are like startled that they pop by and then they say that and then they change their mind, decide they are not later, any ramifications for that or no?<\/p>\nDARRIN T. MISH: <\/strong>\u00a0No, they can still call the revenue officer and say hey I…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0I’ve changed my mind let’s work it out.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0I’ve changed my mind let’s talk you know and so on and so forth.\u00a0 So let’s talk about what not to say…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Some of those people are jerks, though.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Well I’m not sure I can comment on that, there are definitely revenue officers locally and nationally that are more difficult to work with than others, there are also revenue officers that are super cool, easy going, understand you know what we are doing here and what we are trying to accomplish but that’s kind of rare, I would say the cool revenue officers are outnumbered by I don’t know a factor of 7 or 8 to 1.\u00a0 I mean so, and then there are some revenue officers that absolutely just almost impossible to work with because, my best example is I just say they pound the table with their fist and say pay me yesterday.\u00a0 I mean that is the attitude you get is they just pound the table, pay me yesterday. Obviously, I can’t pay you yesterday, yesterday is already over let’s try and figure out how I might be able to pay you or my client might be able to pay you.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Tomorrow.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0And so you see that quite a bit in younger revenue officers where they are still kind of learning and they are doing everything by the book I think, they are trying to do everything by the book and so they don’t understand the practical ramifications of how to get a case settled.\u00a0 I have a funny little story about that, when I first started practicing law my first job I was a public defender in Hillsborough county in Tampa, worked for Julian Holt who is still the public defender there and I get thrown into a court room pretty early on. I was in a juvenile courtroom which is actually Circuit Court which is higher than county court but I’m in this courtroom and I get handed a box of files, bunch of new clients, write arraignments and I’m, actually it was a trial docket come to think of it and so I got I don’t know 10 cases set for trial that morning and I don’t know what I am doing so I can’t get them worked out.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Don’t you shadow somebody for awhile before you just hop in?<\/p>\nDARRIN T. MISH: <\/strong>\u00a0I got to watch somebody for 5 days but during that 5 days they showed me everything in the organization right so I mean I didn’t get a lot of\u00a0pretraining.\u00a0 So I show up that second Monday morning for, I’m supposed to be ready for trial, of\u00a0course\u00a0I’m not…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0You don’t even know how to get ready for trial.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0I’ve never even tried a case how can I be ready for trial? But I don’t know how to plea negotiate, I don’t know how to plea bargain at all, I have no clue and so I announce ready for trial cause I can’t announce not ready for trial because that is just not how the system works either so I announce ready for trial and all these cases, the judge he is about to have an aneurysm on the bench, he gets so mad he hauls us all in the chambers and he screams at me, cause I obviously don’t know what I am doing and I deserved it.\u00a0 He screams at me and he screams at the state for not helping me get the cases worked out.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Wow.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0Which I thought was amazing.\u00a0 We ended up…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0You are like at least I’m not the only one being yelled at today.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0And all these lawyers are like 25-26 years old I mean you know none of us are like seasoned grizzled veterans right…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0You are all male you are green.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0I mean these guys have like 90 days more work experience than I do or maybe 6 months.\u00a0 So we get all those cases worked out and you know we carried on and went forward and from that day forward even though that judge was pretty mad at me I considered him a mentor and I learned a lot from him.\u00a0 But I guess the point of that story is I was trying to do everything kind of by the book. I didn’t really understand the practicalities of how to get a case resolved, how to get to a solution that pretty much everybody was, at least if not happy with everybody was at least equally dissatisfied right so I mean it was equally, it was equal.\u00a0 And I think young revenue officers sometimes have that problem too. I mean you can’t pound the table and say pay me yesterday, you can’t pound the table and say pay me today for most people.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0So out of curiosity with that story how long is there training do you know?<\/p>\nDARRIN T. MISH: <\/strong>\u00a0The revenue officers?\u00a0 I think it’s fairly significant I think they have training officers too.\u00a0 I wish one would call in.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0That would be, we will have to call the IRS here and ask them.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0There might be, you know there’s probably revenue officers who listen to the show just to hear what might…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0Alright, if you are a revenue officer and you are listening we are just curious what your training is like, how long it takes, if you shadow other revenue officers before you actually go out in the field and get cases and you don’t have to say your name but we just want the answer..<\/p>\nDARRIN T. MISH: <\/strong>\u00a0It would be great if you did that would….<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0I mean you don’t have to be on the air either if you don’t want to you can tell Pat George but we are curious what the answer to that question…<\/p>\nDARRIN T. MISH: <\/strong>\u00a0You could give us the pseudonym that you have been officially approved to use.\u00a0 Did you know they use pseudonyms?<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0What does that mean?\u00a0 No.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0They are authorized to use a fake name, so these guys that I have been working with for 10-20 years them…<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0It’s their fake name.<\/p>\nDARRIN T. MISH: <\/strong>\u00a0And I know them by name, it might not even be their real name.\u00a0 There’s no way to know unless they tell me.<\/p>\nKATRINA MADEWELL: <\/strong>\u00a0I wouldn’t give my real name if I worked for the IRS I would be like Julie or something.<\/p>\n
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