ERC Audits, Appeals, and Litigation

Our ERC audit process is designed to provide businesses with a detailed analysis of the viability of their claims. Our experience as tax attorneys will equip your business with accurate and actionable insights to help you secure your refund and mitigate risks.

Our tax lawyers understand procedural rights and they have a substantial amount of experience with the audit process. We understand how best to respond to Form 4564, Information Document Request, and work with Revenue Agents in employment tax audits.

Moreover, having a tax law firm involved early in the process allows the taxpayer to evaluate all options. If a resolution cannot be reached with the IRS Revenue Agent and their Manager, the taxpayer is entitled to an Administrative Appeal with an IRS Appeals Officer who has not had previous involvement with the case. Finally, If an agreement cannot be reached administratively, the taxpayer has the right to file an action in the United States District Court or the Court of Federal Claims. The taxpayer can then work with the Department of Justice Tax Attorney on resolution or proceed to trial on their entitlement to the Employee Retention Credit.

Two professionals sitting by a desk looking at a calculator

ERTC Claim Denied?
You Have Options

An IRS denial does not mean you must lose your ERC refund. If a third-party provider filed an improper claim, our experienced tax attorneys can help you set things right with your claim.

Our law firm has a deep understanding of the complex ERC regulations and will aggressively advocate for your interests, including taking your case to court if necessary.

Maximize Your Refund: Second Opinion on Your ERC Claim

Are you unsure if you claimed the full Employee Retention Tax Credit you deserve? Frost Law can help. Our tax attorneys can offer a free second opinion on your ERC filing to ensure you maximized your refund.

Client testimonials

"I want to express my appreciation to Rebecca Shephard for taking time out of her extremely busy schedule to answer questions I had related to the employee retention credits. I recognize her expertise in this area and she was very helpful. Thank you Rebecca!! "

- Mitch/Erika E.
"Rebecca and her team at Frost Law were amazing. We met randomly through an online COVID business development series of webinars and she was so impressive, that I decided that I could trust her with my ERC filings. They did what was needed swiftly and professionally. I am in California and she in Maryland and there were no issues with that. I highly recommend Rebecca and her team for your tax needs even if she is in Maryland. I have even referred a client to her for another issue."

- Barbara K.

Meet the ERC Team

Meet Our Team of Attorneys and Tax Professionals Who Can Help You Maximize Your ERC Claim

Most payroll providers and other professionals do not have the time and resources needed to fully immerse themselves in the complex legislation and other moving parts of the ERTC. That is why we assembled a team of dedicated tax professionals who can work with business owners and financial officers to ensure that you optimize this important, but often misunderstood, tax credit. Even if you already obtained an opinion from another tax professional, we encourage you to spend some quality—and complimentary—time with our team.  After meeting with our team, you may find that a due diligence review increases your overall confidence in your claim; alternatively, you may discover additional ERC eligibility for quarters in which you did not experience a drop in revenue.

Email or call our team today for a no-cost ERC eligibility analysis. You owe it to yourself to make sure you are not leaving money on the table.

Frequently Asked Questions

I got Letter 6612 from the IRS about my ERC claim. What does it mean?

Letter 6612 means the IRS is auditing your ERTC claim. You have 30 days to provide extensive documentation proving your eligibility. Failure to do so could result in your claim being denied. This is a serious situation, and seeking legal counsel is advisable.

What kind of documents does the IRS want for an ERC audit?

The IRS document requests differ based on how you qualified for the ERC. Generally, expect to provide:
- Government orders if you qualified based on business suspension
- Proof of significant revenue decline if you qualified through gross receipts
- Records showing ERTC was not double-dipped with PPP or other relief programs
- Tax returns, PPP loan details, and more

The IRS audit deadline is tight! Can I get an extension?

It's possible, but don't assume it's automatic. You'll need to contact the IRS and provide compelling reasons why you need more time to gather the documentation. An experienced tax attorney can assist with this process.

The IRS denied my ERC claim. Can I fight it?

Yes, you have options. You can file a formal protest with the IRS Office of Appeals or take your case to federal court. Both paths have pros and cons, and it's wise to consult a tax attorney to determine the best strategy for your situation.

Contact Our Team Today