Attorney-Client Privilege in IRS Cases
The single biggest advantage a tax attorney has over every other tax professional: the IRS cannot force your attorney to reveal what you told them.
When you tell your tax attorney something, that communication is protected by attorney-client privilege. The IRS cannot subpoena your attorney to testify about what you said. They cannot compel your attorney to produce notes from your conversations. This protection exists automatically under the law.
When you tell your CPA the same thing, no such protection exists. The IRS can subpoena your CPA, compel them to testify, and obtain their work papers. Same with an Enrolled Agent. Only attorneys have privilege.
When This Matters Most
If there is any possibility of criminal tax exposure — unreported income, fraudulent deductions, willful failure to file — privilege is not optional. Anything you tell a non-attorney professional about these issues could become evidence against you. This is not theoretical. The IRS does subpoena accountants. It happens regularly.
If you need to discuss something sensitive with a tax professional, talk to an attorney first.
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