Do you HAVE to allow an armed IRS agent in your house?

Len-2A Training

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Doesn't the IRS make you come to them for an audit? Do they actually come to you?

Serious question, I've never had to deal with an audit.
I've had multiple audits, most relating to my business expenses. All were done at an IRS office according to an agreed-upon appointment. They do like to be able to bring your info up on their computer as the audit progresses, so their office is to their advantage.
Question to piggy back off this one: If you just flat out asked any federal agent "Do I have to let you in", are they obligated to answer truthfully? Like even if they lie and say "yes", would any ensuing issues be tossed because they lied?
LE is not required to tell you the truth. If you lie to them, you can be prosecuted but the opposite is not true.
Many years ago my small proprietorship was surprise-audited. The guy showed up at my office.

Yes, this has been my (limited) experience, as well as advice I've heard from others. On the other hand, you don't want to roll out the red carpet and give them a desk and comfy chair, either.
A three-legged stool or cutting a couple inches off one leg of a chair will do nicely. Adm. Rickover interviewed Sailors applying for the nuclear division with a chair modified with one short leg, to throw the interviewee off their game.
I am not sure if you are in MA. But if you are in MA you have more to fear from the state vs the IRS.
So very true. My last audit resulted in the IRS accepting my return as filed, a month or two later I get a bill from MA DOR for ~$1100.00 stating that it was a result of my IRS audit! :eek:

MA DOR are such a-holes that the IRS auditor introduced herself to me with the comment "we are nothing like DOR"! No kidding. My response to DOR above was to request a hearing and I included IRS' letter. A month later I got a letter stating that upon further review I didn't owe them anything!
And just why does someone who deals with numbers need to carry a gun? There has never been a need to arm IRS agents in the past, so why now?
I know someone who retired from IRS-CID. He was involved in bringing some of the organized crime folks down back in the1970s-80s. You can bet that he was armed!
 

Woodsloafer

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No warrant, no entry, simple. I have a part-time business (used to be full-time) and have been audited. Accountant handled it all, never met or spoke to IRS agent.
 

MGnoob

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No warrant, no entry, simple. I have a part-time business (used to be full-time) and have been audited. Accountant handled it all, never met or spoke to IRS agent.
It’s not that simple the gov can go anywhere they want no warrant needed.

You’re protected from unlawful search and seizure.
They can come in without a warrant.. not shit you can do about it.

Doesn’t really do them much good though.
 

556USER

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Plenty of IRS agents have been armed for many, many years now. Growing up (in the 80s) one of friends had a father who was an IRS agent. He had a company car with blues, a handgun, badge, etc. I don’t know what exactly he did for them but I’m guessing he wasn’t a staff auditor.
My late Father in Law was an IRS agent. Internal affairs. He investigated crooked IRS agents. He carried a gun while working. Went to firearms training some place in Georgia one year if recall correctly. He was born in Maine and an avid hunter. He was the guy who told me, "If you're gonna shoot out your back window at some wild animal pest take only one shot as people usually don't pick up that well on where it came from until you fire another shot." LOL Not a bad guy.
 

MuzzleDiscipline

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I had a friend who was an IRS field auditor who had been assigned to drug crash teams in NYC. He would go full tactical and was responsible for the funds seized on raids. That was the only type of home audits he worked.
Anyone who allows or requests the IRS to their home for an audit is asking for complications. Hand it to your CPA or preparer and have it done at their office or go to the local IRS office. They are pussycats if you keep good records. I would love to see the face of the auditors who spoke with @Len-2A Training. That man has records to shame the library of Congress.
 

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I’m sure we’ve all heard by now about how many new irs agents there are, and that they’re now armed. As a small business owner, I feel it’s inevitable that I’ll get audited sooner or later, and was curious if I have any rights to refuse an armed agent entry to my home without a warrant.
I’m not asking how to refuse an auditor into my home, just to tell them they’re not allowed to have a brandished weapon on them while they’re in my home.

I’ve asked some friends who aren’t very pro gun and they responded with “cops are armed, if you call 911 they will be coming into your house armed.” But my response to that is that I called them for help and thereby invited them to my home. A tax auditor is not a welcomed guest, they tell us we HAVE to be audited. I don’t call them and ask them to come audit me.

Do I have a legal right to deny entry into my home and if they refuse to disarm themselves, do I have the right to request my audit take place in a public location outside of my home? I’m not anti-2A in any way.. have a nice collection myself like most of you. I just don’t feel like playing this game with them and plan on taking it to them with whatever legal action I can if that day comes.
Setting aside the word 'brandishing', just post the front door with a sign that says "Revenuers Go Home"

They'll leave you alone.
 

zboys

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It's probably been said, but if the IRS shows up at your house, they already exhausted all other efforts to communicate with you, so this is their last resort and you already had plenty of notice, like a year or 2.
They will notify you by mail 100% of the time, if they are at your door, your F'd
 

namedpipes

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Many years ago my small proprietorship was surprise-audited. The guy showed up at my office.

Yes, this has been my (limited) experience, as well as advice I've heard from others. On the other hand, you don't want to roll out the red carpet and give them a desk and comfy chair, either.
Nobody can properly respond to a surprise audit. It isn't a pop quiz on geography...

"Hello, kind irs agent. I will take your contact info and arrange a meeting between you and my accountant. Ta ta, for now, good man."
 

Andy in NH

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Do I have a legal right to deny entry into my home and if they refuse to disarm themselves, do I have the right to request my audit take place in a public location outside of my home? I’m not anti-2A in any way.. have a nice collection myself like most of you. I just don’t feel like playing this game with them and plan on taking it to them with whatever legal action I can if that day comes.
The 2A has nothing to do with people's jobs.

It has everything to do with individual rights and the government's limitation on infringing on those rights.
 

SFC13557

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It's probably been said, but if the IRS shows up at your house, they already exhausted all other efforts to communicate with you, so this is their last resort and you already had plenty of notice, like a year or 2.
They will notify you by mail 100% of the time, if they are at your door, your F'd
Correct! Big difference between business audit and individual taxpayer return. If you as a citizen screw up your tax return IRS will contact you by mail and if you ignore them and you owe the govt. money you will probably be called into your payroll dept where they will inform you the IRS has put a lien on your paycheck for money owed. If you are independently employed they could show up and put a lien on your business assets.
 
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I have a friend that works for the IRS, he’s the guy that would show up if you don’t answer their letters/calls (same guy who takes your shit) if you default on them.

He ain’t packing heat and he’s not looking for a fight (he would loose every single one).
They don't have to be armed. If they don't get the answers they want or you refuse to cooperate, they will simple seize your assists.
 

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We had one audit in 30 years, state of MA. The guy was an accountant, and honestly treated us fairly.

It was actually amusing as he and our bookkeeper bonded over the cavalier attitude of everyone else towards accounting.

We removed any reference to weapons in our employee manual. “All laws followed.”
 

Dennis in MA

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We had one audit in 30 years, state of MA. The guy was an accountant, and honestly treated us fairly.

It was actually amusing as he and our bookkeeper bonded over the cavalier attitude of everyone else towards accounting.

We removed any reference to weapons in our employee manual. “All laws followed.”

Every other year or so, the State Bank Examiner (think It's A Wonderful Life) would show up at my old job at teh trust company. It seemed like every other year. Maybe every 3rd. I swear they were in there at least 3x when I was there - from 85-91.

Anyhow, they had one guy that we nicknamed Lurch b/c he looked like Lurch. And he Columbo'd you. He'd ask 48 innocent questions, get to the door to leave your office and then hit you with the zinger. LOL. Never to me - I was a peon. But my boss hated the guy.
 
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