We can help you throughout the appeals process

Tax Disputes and Controversies

You have received a letter from the Internal Revenue Service. You feel rather intimidated. Who wouldn’t? But in our experience handling taxpayer audits and appeals, the IRS is incorrect more often than it is correct. The IRS can lose documents or make mathematical mistakes just like everybody else. You do not have to simply pay what it says you owe, in hopes that it just goes away.

Put an Attorney and CPA on Your Side

Kelvin Birk is an attorney as well as a certified public accountant, with more than 30 years of experience as a CPA and more than 20 years of experience as an attorney.

This expertise is invaluable when creating legal documents that involve tax issues or defending against federal or state charges involving tax controversies. Kelvin is one of very few attorneys in southeast Missouri who is also a CPA.

Birk Law Firm represents individuals or businesses against the IRS and the Missouri Department of Revenue and local taxing authorities. The tax dispute may involve real estate taxes, property taxes, commercial property taxes, business or individual taxpayer audits or collections of income taxes.

Defend Against Tax Collection Actions

The IRS can be very aggressive and intimidating when they are attempting to collect taxes and penalties. Often, these amounts are partly or entirely incorrect. Sometimes the penalties can be removed. Our approach is to utilize all options for each particular case and try to get the entire amount eliminated. Alternatively, we try to get the amount reduced and paid in an amount you can afford.  

In one case handled by Birk Law Firm, in what started as a notice from the IRS demanding $300,000 was concluded with the taxpayer owing $0.  The IRS notice was incorrect and after about a year of back and forth between Birk Law Firm and the IRS, the IRS removed the tax due and all penalties and interest.

Help With a Notice or an Audit

The IRS will start with a notice that you owe money. The IRS notice will state the amount you owe and expect you to pay it. If you do not, a lien will attach to all real estate or property that you own and start to charge interest and penalties. It is possible to prove that these notices are invalid by proving its methods or information to be wrong; for example, by proving that the data-matching process it used for your 1099 was incorrect. Let’s get it removed or settled before it gets out of hand.

In one audit handled by Birk Law Firm, a business owner was assessed a large amount of taxes after an IRS audit.  Birk Law Firm appealed this assessment to the IRS and the tax assessment was overturned.  The business ultimately paid a very small amount resulting from minor accounting errors and the case was settled.

Help With Appeals

Attorney Kelvin Birk

A lawyer and a CPA, Kelvin Birk has successfully appealed many IRS decisions. We are not afraid to go up the ladder or to create a brief, outlining why the auditor is incorrect. We can help throughout the appeals process.

Help With Offers in Compromise

The IRS Offer in Compromise program allows qualified individuals with an unpaid tax debt to negotiate a settled amount that is less than the total owed to clear the debt. A taxpayer must qualify for one of three conditions: doubt as to liability, doubt as to collectability, or extenuating or special circumstances.

Tax Dispute Process


Why Choose Birk Law?

Birk Law Firm is a small firm by choice that is big on client services. Attorney Kelvin Birk and his team are responsive to their clients’ needs. When we sign on as your law firm, you can count on us for strong legal counsel, from negotiations to settlement to trial.

Cape Girardeau Law Firm Kelvin BirkOur clients benefit from the intertwining of Kelvin Birk’s legal and CPA background and experience. We provide well-rounded advice to solve both legal and financial issues and to come up with creative solutions. We use modern technology to deliver legal services in a more efficient and client-focused manner than was previously possible.

We provide personalized and compassionate service. We believe that each client’s matter is the most important matter in the world to them, and we strive to treat it that way.


Contact Kelvin Birk