Facing an IRS audit can be scary. I always advise clients to first, do not panic if you receive a notice of audit. Second, start compiling all the necessary records to prepare, such as financial statements to prepare your audit response. That being said, some San Francisco business owners may find that some crucial documents are missing. Whether it’s due to a simple oversight or unforeseen circumstances, missing essential paperwork during an audit can definitely raise anxiety levels. However, there are steps you can take to address the situation effectively and ensure a smoother IRS audit process. 

Stay calm and assess the situation. The initial shock of realizing that documents are missing can be overwhelming. However, panicking will not solve the issue. First off, identify which documents are missing and try to determine the potential impact on your tax return. Make a list of the lost items and gather any available copies or duplicates you may have. 

Communicate with the IRS. Open communication is key in these situations. The IRS is aware that documents can be lost or destroyed, and they may be able to provide guidance on how to proceed. You can reach out to the IRS by calling their helpline or visiting your local IRS office in person. Additionally, you were likely assigned an auditor for your audit. If that’s the case, let that individual know what documents are missing. Be prepared to provide your audit notice details and explain the circumstances surrounding the lost documents. 

Reconstruct lost documents. Begin by gathering any available copies, bank statements, receipts, or digital records that can help recreate the missing information. If the lost documents were digital, check your email, cloud storage, or any other backup sources you may have. For lost receipts, credit card statements or other financial records, try contacting the banking institution to obtain duplicates.

Provide affidavits and statements. In cases where certain documents cannot be fully reconstructed, providing affidavits and/or sworn statements can be a helpful alternative. This involves creating a detailed written account of the missing documents, explaining why they are unavailable, and documenting the accuracy of the information to the best of your knowledge.

Seek professional assistance. Handling lost documents in an IRS audit can be complicated. The best recommendation I have is to seek help from an experienced tax attorney who can guide you on how to proceed. Professional tax experts have the expertise to navigate audit challenges and can provide valuable guidance. An experienced tax attorney can help you communicate effectively with the IRS and ensure that you’re taking the right steps to minimize the impact on your audit.

While losing documents during an IRS audit is undoubtedly stressful, it does not mean your audit will not go in your favor. Take proactive steps to retrieve the items and document the circumstances surrounding such missing pieces. Whatever you do, don’t panic. While it can be stressful, an experienced San Francisco tax attorney or tax professional will help you with your documents and remedy the situation so that you, the business owner, is protected and receives the best possible outcome.

Allison Soares is a partner and tax attorney at Vanst Law LLP. It doesn’t matter the issue: audits, collections, appeals, international disclosures, grumpy people— Allison enjoys fixing problems. In addition to her legal work, she has worked in accounting and utilizes that knowledge to her advantage while handling cases involving EDD audits from San Francisco to San Diego. 

Allison Soares

Allison Soares, a renowned tax attorney, excels in representing clients before the IRS, FTB, EDD, and CDTFA. With a Bachelor of Arts in Finance from the University of Wisconsin, Milwaukee, and a transformative teaching stint in Brazil, Allison’s diverse background enriches her legal expertise. She pursued law at St. Thomas University School of Law, Miami, complementing it with an MBA in accounting and forensic accounting. Further honing her skills, she obtained a Master of Laws in Taxation from the University of San Diego School of Law. As an adjunct professor at San Diego State University, Allison imparts her knowledge in tax procedures, practice, and ethics. Her accolades include being named Best of the Bar by the San Diego Business Journal and multiple Super Lawyer recognitions. Committed to community service, she volunteers with Forever Balboa Park and Friends of Balboa Park. Allison’s authoritative contributions in tax law are showcased through her publications and speaking engagements.
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Brandessa Hale
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I can't recommend Allison enough! She helped me successfully navigate a stressful EDD audit with expertise and grace. Not only is she incredibly smart and thorough, but she's also genuinely kind—something you don’t always expect from an attorney. Her support and guidance made all the difference. If you need a tax attorney who knows her stuff and truly cares, she's the one to call!
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Robin Christiansen
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Thank you Allison for all of your help and knowledge, and your strong team And referrals. I am beyond grateful. You went above and beyond my expectations.
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Dee Thibodeau
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2024- Working with Allison has been an incredibly smooth experience both times I’ve worked with her. Her expert advice and the support she provides are outstanding, and we’ve had nothing but positive results each time. 2020- I was so impressed with her work during an EDD audit. I would HIGHLY recommend Allison to anyone going through an EDD Audit. From the very first 3 minutes of speaking with her, she was super helpful and professional, while also making me feel like I was talking to a friend, which really helped calm my anxiety. Allison was dedicated to helping us achieve the best possible outcome and was honest about all scenarios, even preparing us for the worst. We ended up with the VERY best outcome because of how she guided us through the process and made sure we had everything ready to tell our story to the auditor. If you want someone who truly listens, understands your business, and will be your biggest advocate, call Allison now! Be ready because she’s quick to respond with both calls and emails.
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Nadine Kunal
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Very thoughtful, concise, and honest advice provided. Would recommend her council to my family.
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Alex L
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We retained the services of Allison Soares for a recent IRS audit. The IRS was claiming we owed an exorbitant amount of money. After interviewing several qualified attorneys, Allison was the obvious choice. During this very stressful time for our family, we appreciated how knowledgeable and responsive she was from the very first call. Her professionalism and commitment to our case was truly impressive. She pointed out a few critical points, that another attorney may have missed, which we believe helped our case immensely. She guided us through this complicated process with great success and we could not have been happier with the outcome of the audit. We are 100% satisfied with her work and would highly recommend her to anyone seeking legal tax advice. Thank you so much Allison, we are truly grateful for all your hard work.
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Daniel Klein
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I called this office to have a tax issue clarified for me. I have never received more candid, honest, and useful information. I would highly recommend Allison Soares.
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Parisa Ansari
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Allison Soares is incredibly knowledgeable, prompt, and helpful. Her detailed expertise in tax matters made my experience exceptional. Highly recommended!
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Allen Wang
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I received an EDD audit letter for my small s-corp business. I feel nervous. Fortunately I found Allison. I talked with her on phone today about my business and my concern, she gave me very solid suggestions and confidence to handle this. She is very honest and I highly recommend her to anyone who has trouble with EDD audit!
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Elie Nader
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Allison Soares is a great tax attorney. She helped my business navigate an difficult tax situation and I am very happy with the outcome