Audit notice from the IRS? FTB collections letter? Unfiled returns piling up? Tax problems in California compound fast — the right lawyer can resolve them before they become criminal.
Top 10 Tax / IRS Lawyers in San Jose
Tax cases in San Jose involve four different agencies — the IRS, the California Franchise Tax Board (FTB), the California Department of Tax and Fee Administration (CDTFA, formerly BOE), and the Employment Development Department (EDD). Each has its own deadlines, its own appeals process, and its own collection power. The 10 firms below all have verifiable San Jose tax practices and documented experience resolving IRS audits, tax debt, voluntary disclosures, and criminal tax exposure.
Updated January 10, 202614 min readEditorially independent
Tax practice in San Jose is split between controversy work (audits, collections, appeals, tax court) and planning work (entity structuring, equity compensation, international). The 10 firms below focus primarily on controversy — the question is who handles your IRS letter, not who structures your next deal. Several are former IRS attorneys; several are tax-LL.M.-credentialed boutiques; several are larger firms with tax controversy practices.
How we picked these 10: We reviewed peer rankings (Best Lawyers, Super Lawyers, Chambers and Partners, Martindale-Hubbell, Florida Bar Board Certification where applicable), Avvo and Justia ratings, client review patterns, and bar association recognition. Firms that appeared consistently across at least two independent sources made the list. We do not accept payment for placement and we do not write sponsored reviews. More on our methodology →
About this list
San Jose's tax bar is unusually deep. Silicon Valley generates capital-gains, equity-compensation, and cross-border income issues that drive a lot of high-stakes tax work — and California's combined state-and-federal tax bite is among the highest in the nation. A simple IRS audit response typically runs $2,500–$8,000. A full-blown tax court petition can run $25,000–$150,000. An offshore voluntary disclosure (FBAR and Form 8938 noncompliance) runs $15,000–$80,000 and can mean the difference between civil penalties and criminal referral. The firms below cover the spectrum — from solo IRS-audit specialists to mid-size firms handling complex multi-jurisdictional tax controversies.
David W. Klasing is both an attorney and CPA — the dual credential is a real advantage in complex IRS examinations and in courtroom forensic analysis.
Why they made the list: California Bar admitted. CPA. Avvo Top Contributor. Recognized in Super Lawyers Rising Stars (multiple years prior). Multi-office California practice with San Jose representation.
Practice focus: Former IRS attorney representation in audits, appeals, litigation, and collections
Both founding attorneys are former IRS lawyers with 40+ combined years of inside experience. Strong fit when the case calls for someone who knows IRS internal processes in detail.
Why they made the list: Former IRS attorneys. California and federal bar admitted. San Jose and Walnut Creek offices.
Practice focus: International tax, FBAR cleanup, IRS audits and tax court, criminal tax
Bay Area tax law firm with deep international and offshore expertise. Strong fit when the case involves foreign accounts, foreign income, or cross-border entities.
Why they made the list: 30+ years of practice. California Bar admitted attorneys. Best Lawyers and Super Lawyers recognized partners.
Practice focus: Tax controversy, unfiled returns, audits, criminal tax
Led by Dennis Brager, a California State Bar certified Tax Specialist (a meaningful certification — only a handful of California attorneys hold it). Serves San Jose and the wider California market.
Why they made the list: California State Bar Certified Tax Specialist. Former IRS Senior Trial Attorney. Justia and Avvo profile with sustained client reviews.
Practice focus: Tax planning integrated with corporate transactions, entity restructuring, M&A tax
Useful when tax issues arise inside a transaction — M&A tax structuring, equity rollover, S-to-C conversion. Less appropriate for pure IRS-collection cases.
Why they made the list: Best Lawyers and Super Lawyers recognitions in Tax and Corporate Law. San Jose headquarters.
Practice focus: Tax planning, business tax structuring, FTB and CDTFA matters
Full-service Valley firm with a tax practice integrated into corporate work. Good fit when tax overlaps with corporate governance or commercial transactions.
Why they made the list: Super Lawyers and Best Lawyers recognitions in Tax Law and Business Law. 30+ years of San Jose practice.
Former IRS, FTB, or DOJ Tax Division experience. Tax controversies are negotiations as much as legal questions. A lawyer who knows how revenue agents and appeals officers think has an advantage.
Tax LL.M. or CPA credentials. Not strictly required, but most San Jose tax controversy lawyers have at least one. The credential signals that the lawyer has trained in tax procedure beyond general practice.
California-specific knowledge. FTB, EDD, and CDTFA practice is different from IRS practice. A federal-only tax lawyer will miss state-level traps.
Honest assessment of criminal exposure. Some tax cases carry criminal exposure (large unfiled returns, FBAR noncompliance with willfulness factors, payroll-tax pyramiding). A senior tax lawyer will tell you the risk in writing — not minimize it.
What's specific about tax controversies and IRS issues in San Jose
Four agencies, four playbooks. The IRS handles federal income tax. The FTB handles California state income tax. The CDTFA handles sales and use tax. The EDD handles payroll-tax and worker-classification disputes (a recurring San Jose issue under AB 5 and the ABC test). Each agency has separate statutes of limitations and separate appeal mechanisms.
California's collection power is unusually aggressive. FTB can levy bank accounts, garnish wages, and place liens on real property with less procedural protection than the IRS provides. Time is the enemy in California tax collections.
Equity compensation drives many tax cases. ISO exercises in a high-AMT year, RSU vesting on a giant valuation pop, secondary sales of pre-IPO stock — these are local issues that any San Jose tax lawyer should be able to discuss without notes.
FBAR and FATCA exposure hits Silicon Valley's foreign-national workforce hard. Voluntary disclosure programs (Streamlined Domestic and Streamlined Foreign Offshore) remain the safest path for noncompliant taxpayers — but the windows can close on policy changes.
Red flags to watch for when picking a tax / irs lawyer in San Jose
Most San Jose tax / irs firms on Google are competent. A few are problematic. The patterns to avoid:
Guaranteed outcomes. No ethical attorney can guarantee a result. If a firm promises a specific recovery, dismissal, or filing outcome, walk away.
The disappearing partner. You meet a senior partner at intake, then never speak to them again. The work is handled by an unsupervised junior or a paralegal. Ask in writing who will be your day-to-day attorney.
Pressure to sign immediately. Reputable firms give you the retainer in writing, time to read it, and the option to take it home. High-pressure intake is almost always a sign of a volume mill, not a craftsperson's practice.
No verifiable track record. The firm should be able to point to peer rankings, board certifications, bar recognitions, or documented matters. "We've helped thousands of clients" is marketing copy.
Vague fee terms. "Don't worry about cost" is a red flag. Every legitimate San Jose lawyer will give you a written engagement letter with the fee structure, what's covered, what triggers extra charges, and what happens if you fire them.
10 questions to ask in your free consultation
Most San Jose firms on this list offer a free initial inquiry call. Use it. Bring a list of questions and write down the answers. Compare across at least two firms before you sign.
Who, specifically, will handle my matter day-to-day? Get a name. Get an email.
How many matters like mine have you handled in the last three years? You want a number, not a brochure line.
What is your fee, and what does it cover? Get the answer in writing before you sign.
What case expenses am I responsible for, and when? Out-of-pocket costs surprise people. Ask now.
What is the realistic range of outcomes for a matter like mine? A good lawyer will give you a range. A bad one will promise the high end.
How long will it take? Honest estimate, with the assumptions stated.
Who else might be involved? Experts? Co-counsel? Larger matters routinely involve outside experts. Know who's on the team.
How and how often will I hear from you? Email-only? Calls? Monthly updates? Set the expectation now.
What happens if I want to change lawyers later? Rules allow it; the fee is sorted between firms. Make sure you understand the mechanics.
What's the worst-case outcome for my matter? A lawyer who refuses to discuss downside risk is selling you something.
Frequently asked questions
I got an IRS audit letter. What do I do first?
Don't call the IRS yourself. Read the deadline at the top of the notice — it is usually 30 days. Call a tax lawyer within the first week. The earlier you engage counsel, the more options remain.
Can the IRS take my house?
In theory yes; in practice rarely. The IRS prefers wage garnishment and bank levies because they are faster. A tax lawyer can put a hold on collection actions through Currently Not Collectible status, installment agreements, or Offers in Compromise.
What is an Offer in Compromise?
A settlement program where the IRS accepts less than the full tax debt if you can show inability to pay the full amount. Acceptance rates are about 30–40% under current criteria. Realistic candidates have low income, limited assets, and accurate documentation.
What is FBAR and do I need to file one?
Form FinCEN 114 — required if you had foreign financial accounts with an aggregate maximum value over $10,000 at any point in the year. The willful-failure penalty is the greater of $100,000 (inflation-adjusted) or 50% of the account balance per year. Compliance is cheap; noncompliance is ruinous.
How does an audit differ from a criminal investigation?
Civil audits aim to assess tax. Criminal investigations (run by IRS-CID) aim to prove willful intent. If you get a visit from two agents at your home or business without notice, stop talking and call a tax lawyer immediately.
How long does the IRS have to audit me?
Generally 3 years from filing. 6 years if you understated income by more than 25%. No limit if you didn't file or filed fraudulently.
Should I file unfiled returns voluntarily?
Usually yes. Voluntary filing before the IRS finds you preserves penalty-abatement options and almost always reduces total cost. A tax lawyer will assess criminal-exposure questions before filing.
What is the FTB and how is it different from the IRS?
California Franchise Tax Board — California's state income-tax agency. Separate from the IRS, with separate audits, separate appeals, and aggressive collection power. A federal-only tax lawyer will miss FTB-specific procedures.
One last thing. Choosing a lawyer is personal. Read the reviews. Call two or three firms before you sign. Ask each one: How many matters like mine have you handled in the last three years? The answer tells you a lot. — The LawFirmSquare team
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