UNFILED RETURNS

The most common reason returns go unfiled is not evasion. It is that one year was missed, the next was harder, and the gap became its own obstacle.

The relevant fact is procedural rather than moral: options are widest before the Service makes contact, and they narrow at each step after.

JD · CPA Attorney and accountant
30+ Years in tax practice
U.S. Tax Court Admitted to practice
FL · MA Bar admissions
1 Signature on every return

Unfiled years are a problem with a shrinking menu.

Every option you have narrows the moment the Service makes contact. Before that, the choice is still yours.

Scheduling does not create an attorney-client relationship. No such relationship exists until the firm has run a conflicts check and both sides have signed a written engagement agreement.

A timeline showing four stages of an unfiled-return matter and how the available options narrow at each one: before any contact from the Service, after a notice issues, after a substitute return is filed, and after assessment in collection.

Every step to the right removes an option that existed at the step before it.

The tax controversy resolution arc, showing planning, notice, examination, IRS Appeals, United States Tax Court and appellate review, with a collection branch and resolution available at every stage.
SUBSTITUTE RETURNS
Non-filer authorities §6020(b) substitute return §6501 assessment period §7203 failure to file IRM 4.12.1 Kovel

Where a taxpayer does not file, the Service may prepare a substitute return from third-party information. A substitute return allows no itemized deductions, no basis in reported sales proceeds, and no filing status better than the least favorable available. The resulting liability is routinely far larger than the correct one. That assessment is frequently reducible by filing a correct return, but the procedure for doing so depends on how far collection has already advanced.

WHY COUNSEL FIRST

Communications with an attorney are privileged. Communications with a return preparer are not, in any respect that matters if the exposure turns out to be criminal. Where the facts are unexamined — and by definition they are, in a multi-year non-filing situation — the assessment should happen inside the privilege. Where return preparation is then required, the firm can prepare and sign the returns, or engage the accounting work under a Kovel arrangement so it remains privileged.

WHAT THE FIRM DOES
1

Fixes the actual scope

how many years must be filed, which is frequently fewer than the taxpayer assumes.

2

Pulls the Service’s own transcripts

and reads them before anything is prepared or filed.

3

Tests for criminal exposure

under privilege, before any voluntary contact is made.

4

Prepares and files the returns

signed by the attorney who reviewed the exposure.

5

Addresses penalties, and moves the resulting balance into the appropriate collection alternative

Options are widest before the Service makes contact, and they narrow at every step after.

HOW AN ENGAGEMENT BEGINS
Step one

Book a free consultation

Thirty minutes, no charge. Bring the notice — we read it together on that call.

Step two

The deadline is identified

Which notice it is, what it asserts, and which forums are still open behind it.

Step three

Conflicts check and written engagement

Scope and fee agreed in writing before any work begins.

HOW A CONTROVERSY RESOLVES
Step four

The firm takes over

Correspondence with the Service runs through the firm. You stop answering.

Step five

The position is built and pressed

Records, authority, and the argument — pressed at the earliest stage that will take it, because that is the cheapest place to win.

Step six

Resolution

Closed at examination, settled at Appeals on the hazards, or tried. The firm does not hand the file to anyone to reach the last of those.

The assessment happens under privilege, before anything is filed. Contact the firm through the contact page or call (561) 529-5873. Representative engagements are described on the Experience page.

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