When the exposure is significant, the first decision is who handles it.

Nyar Tax is federal tax controversy counsel to business owners, executives, investors, family offices, and professionals with holdings abroad, and to the CPAs and wealth advisors who represent them. We handle examinations, administrative appeals, and litigation where the amounts, the records, or the facts make the matter something other than routine.

Practice

Federal tax matters exclusively. Authorized to represent taxpayers before the IRS in all 50 states under Treasury Department Circular 230, and admitted to practice before the United States Tax Court. State matters are handled with established co-counsel and accounting professionals.

Examination and administrative appeals

United States Tax Court litigation

Matters involving potential criminal exposure

Advisor and co-counsel engagements

Clients connected to sixteen countries and territories

Practice

Federal tax matters exclusively. Authorized to represent taxpayers before the IRS in all 50 states under Treasury Department Circular 230, and admitted to practice before the United States Tax Court. State matters are handled with established co-counsel and accounting professionals.

Examination and administrative appeals

United States Tax Court litigation

Matters involving potential criminal exposure

Advisor and co-counsel engagements

Clients connected to sixteen countries and territories

If you are holding a notice with a fixed deadline, call rather than submitting a form.

A statutory notice of deficiency carries a petition deadline that cannot be extended for any reason, including good ones. A collection due process request carries its own short window. These matters are triaged by telephone the same day and are not routed through the assessment engagement.

The matters that bring people here.

Usually not a first notice. Usually a matter that has developed a complication someone has recognized.

An examination that has changed character

The information document requests have narrowed. The agent is asking about a specific transaction, a specific year, or a specific source of funds. The tone of the exam has shifted.

A return position that will not survive scrutiny

Something was filed that the taxpayer, the preparer, or both now view differently. The question is no longer the deduction — it is what disclosure, amendment, or posture is appropriate, and in what order.

Partnership or entity-level adjustments

An adjustment at the entity level under the centralized audit regime, with consequences distributed across partners who have competing interests and separate counsel.

Unreported foreign accounts, entities, or assets

Reporting obligations that were not met, where the penalty framework and the availability of disclosure procedures depend heavily on how the failure is characterized.

Employment and trust fund exposure

Payroll tax liabilities where the entity cannot pay and the assessment is moving toward the individuals the Service identifies as responsible.

Collection against substantial assets

Liens or enforcement affecting business interests, transactions in progress, lending relationships, or professional licensure — where the collection question is inseparable from the commercial one.

A matter that may not stay civil

Indicators of fraud development, a summons that reads differently than the others, an agent who has stopped asking questions. These matters are handled differently from the outset, and the first weeks matter disproportionately.

A dispute headed for adjudication

A statutory notice issued, appeals exhausted or bypassed, and a decision to be made about petitioning the Tax Court and how the case would be tried.

An Employee Retention Credit under review

A credit claimed, often on a promoter's advice, that the Service is now examining or seeking to recover. The questions are eligibility, whether to defend or correct the claim, and how to limit penalties and interest while doing it.

A Bank Secrecy Act examination

An FBAR penalty examination for unreported foreign accounts, a Form 8300 review of large cash transactions, or a compliance examination of a money services business. These run under Title 31 rather than the tax code, with different procedures, penalties, and forums.

Your accountant can be compelled to testify. Counsel cannot.

This is the single most consequential structural fact in a sensitive tax matter, and it is routinely discovered too late. Your accountant's workpapers are discoverable. His recollection of what you told him is testimony the government can obtain. The federal tax practitioner privilege is narrow by statute — it does not extend to criminal proceedings, and its application to other matters is limited.

Attorney-client privilege is broader. Where an accountant's analysis is genuinely needed, a Kovel engagement can bring that work under counsel's direction and within the protection. But the protection depends on the sequence: who was retained, by whom, and when the work was performed. That sequence cannot be reconstructed after the fact.

If there is any prospect that the facts of your matter are uncomfortable, the order in which professionals are engaged is not an administrative detail. It is a substantive decision with consequences that persist for the life of the matter.

The question is not whether your CPA is competent. It is whether the government can put him on a witness stand and ask him what you said.

The question is not whether your CPA is competent. It is whether the government can put him on a witness stand and ask him what you said.

The Exposure and Posture Assessment

A defined, paid engagement that produces a written assessment of where the matter stands, what the realistic range of outcomes is, and what should happen next. It is not a consultation, and it is not a sales conversation.

Terms

Turnaround

Five business days from receipt of documents. Expedited delivery in two business days is available where timing requires it.

Deliverable

Written assessment, delivered and then reviewed with you by telephone or in person.

Credit

The assessment fee is applied in full against the opening retainer if the firm is engaged for the underlying matter.

Engaged under

A signed assessment agreement, which establishes the attorney-client relationship before any documents are reviewed.

Not used where

A fixed statutory deadline falls within even the two-day expedited period. Those matters are triaged by telephone the same day instead.

The fee is charged because the work is substantive and because it produces something you own and can act on, including with other counsel. It is not a screening call.

What the assessment establishes

1

Where the matter actually stands

Posture, the office holding the file, the procedural stage, and what has already been established in the record — including anything in the file that constrains the positions still available.

1

Where the matter actually stands

Posture, the office holding the file, the procedural stage, and what has already been established in the record — including anything in the file that constrains the positions still available.

2

The exposure, quantified where it can be

Tax, penalty framework, interest, and the issues that drive each. Where exposure cannot responsibly be quantified yet, what would have to be known in order to quantify it.

2

The exposure, quantified where it can be

Tax, penalty framework, interest, and the issues that drive each. Where exposure cannot responsibly be quantified yet, what would have to be known in order to quantify it.

3

The privilege and sequencing analysis

What is protected, what is not, what has already been produced or said, and whether the structure of your current professional relationships should be changed before anything further is filed or disclosed.

3

The privilege and sequencing analysis

What is protected, what is not, what has already been produced or said, and whether the structure of your current professional relationships should be changed before anything further is filed or disclosed.

4

The realistic range of outcome

Not a prediction. The range, the factors that move a matter within it, and the decisions that would foreclose the better end of it.

4

The realistic range of outcome

Not a prediction. The range, the factors that move a matter within it, and the decisions that would foreclose the better end of it.

5

The controlling deadlines

Response periods, limitations periods on assessment and collection, petition deadlines, and any date that is currently running against you.

5

The controlling deadlines

Response periods, limitations periods on assessment and collection, petition deadlines, and any date that is currently running against you.

6

A recommended course of action

What should be done, in what order, by whom — including a candid statement if the matter does not warrant counsel of this kind, or is better handled elsewhere.

6

A recommended course of action

What should be done, in what order, by whom — including a candid statement if the matter does not warrant counsel of this kind, or is better handled elsewhere.

Clients connected to sixteen countries and territories, on five continents, answering to one federal tax system.

A significant share of this practice involves taxpayers who live, earn, or hold assets outside the United States. The Service reaches them with the same examinations, penalties, and collection tools, usually with more reporting at issue and less time to respond. A notice of deficiency addressed outside the United States carries a 150-day petition period rather than 90, and it still cannot be extended.

U.S. citizens and green card holders abroad

Foreign owners of U.S. entities and real property

Unreported foreign accounts and assets (FBAR, Form 8938)

Foreign corporation and trust reporting (Forms 5471, 3520)

Streamlined procedures and voluntary disclosure

International information-return penalties

Engagements are conducted by secure document exchange and video conference, scheduled across time zones.

Austin office

Austin office

Client connections

Client connections

Drag to turn the globe

Drag to turn the globe

Where our clients' matters reach

Each connection is one of three kinds: U.S. citizens and residents with roots or family in the country who do business in the United States; businesses based there with U.S. operations, owners, or investors; and foreign accounts, assets, or income reported on FBAR or Form 8938.

North America

United States, Mexico, Belize

North America

United States, Mexico, Belize

South America

Venezuela, Brazil

South America

Venezuela, Brazil

Europe

France, Italy

Europe

France, Italy

Middle East

Turkey, Israel, Palestine, United Arab Emirates

Middle East

Turkey, Israel, Palestine, United Arab Emirates

Africa

Ghana, Nigeria, South Africa

Africa

Ghana, Nigeria, South Africa

Asia

India, Laos

Asia

India, Laos

Within the United States: Arizona, California, Delaware, Florida, Georgia, Hawaii, Illinois, Louisiana, Massachusetts, Michigan, Nevada, New York, North Carolina, Ohio, and Texas.

Representation

Engagements are structured and priced by phase. Each phase is engaged separately in writing, with scope and fee agreed before it begins. You are never asked to commit to a stage of the matter that has not yet been reached.

Examination and Appeals

Proposed adjustments, multi-year examinations, sensitive exams

Representation from the first information document request forward — controlling what enters the record, managing the interview, framing the factual and legal position, and taking the matter to an agreed close or an unagreed one on the record you want to carry into Appeals.

Phase one

Examination, through agreed report or unagreed close

Phase two

Written protest and Appeals conference

Phase three

Docketed Tax Court proceedings, engaged separately

Federal tax matters exclusively. Authorized to represent taxpayers before the IRS in all 50 states under Treasury Department Circular 230, and admitted to practice before the United States Tax Court. State matters are handled with established co-counsel and accounting professionals.

Collection and Enforcement

Revenue Officers, levies, liens, seizure exposure

Matters where a Revenue Officer has been assigned, enforcement has begun, or collection is reaching assets that matter — business interests, receivables, transactions in progress, or lending relationships. Representation covers financial disclosure strategy, the collection alternative pursued, and the appeals rights attached to the particular action taken.

Phase one

Immediate posture: filings, holds, and the financial picture

Phase two

Collection alternative or challenge, developed and submitted

Phase three

Collection due process or equivalent proceedings

Collection matters move on the Service's schedule, not yours. Where enforcement is already underway the first phase is compressed and priced accordingly.

Employment Tax and Personal Exposure

Unpaid payroll taxes, responsible person assessments

Unpaid employment taxes create two distinct problems: the company's liability, and the personal assessment that follows against the individuals the Service identifies as responsible. Once that assessment is made, collection reaches personal assets, and it survives the company. Representation addresses the entity exposure, the responsible person analysis, and the protest window that opens when the proposed assessment letter is issued.

Phase one

Entity exposure and responsible person analysis

Phase two

Protest of the proposed assessment

Phase three

Appeals, and collection strategy for any amount assessed

A note on conflicts. The company and the individual frequently have adverse interests here, and where several officers receive proposed assessments at once, so do they. This firm cannot represent parties whose interests conflict, and will tell you at the outset which single client it can represent. Any engagement requiring separate counsel for other parties is identified before it begins, not after.

Advisory: before the Service asks

Some of the most valuable work in this practice happens before there is a dispute, or after one closes. It is attorney-directed and conducted under privilege, alongside your existing CPA where one is involved.

Exposure reviews

A privileged review of a position already taken, such as a large deduction, a conservation easement, an Employee Retention Credit claim, a captive insurance arrangement, or unreported foreign accounts. You learn the risk and the options, including amendment, disclosure, or defense, before anything is filed or said.

Disclosure and remediation strategy

How, and in what order, to return to compliance when the facts are uncomfortable: streamlined procedures, the IRS voluntary disclosure practice, or amended filings, chosen for the facts rather than by default.

Penalty-protection opinions

Written legal analysis you can rely on in support of reasonable-cause protection under section 6664(c), prepared before a significant position is taken.

Transaction review with examination in mind

A sale, restructuring, or cross-border move reviewed for how it would hold up under examination, working with your CPA rather than in place of them.

Compliance after resolution

The controls, reporting, and deposit discipline that keep a resolved payroll or international matter from recurring.

Tax analysis in high-net-worth divorce

Working with family law counsel to analyze the parties' returns and business records: income reported against lifestyle, the true value and tax cost of assets being divided, and exposure from joint returns already filed, including whether innocent spouse relief is available.

The same review performed by an accountant alone is generally discoverable; directed by counsel, with the accountant engaged under a Kovel arrangement where needed, it can be protected. Advisory engagements are defined in writing before work begins, including how any issue the review uncovers will be addressed. The firm does not prepare returns and works alongside your existing advisors.

Scope of practice

An examination that has changed character

Individual and business examinations

Eggshell and reverse-eggshell exams

Partnership audits under the BBA regime

Employment tax examinations

Accuracy-related and fraud penalty issues

Summons enforcement and responses

Information document request strategy

Appeals and litigation

IRS administrative appeals

United States Tax Court litigation

Statutory notices of deficiency

Collection due process proceedings

Refund claims and related actions

Innocent spouse relief

Employee Retention Credit examinations and recapture

Penalty abatement and reasonable cause

Disclosure and collection

Voluntary disclosure

Offshore accounts, entities, and FBAR

Bank Secrecy Act and Form 8300 examinations

Tax analysis in divorce matters

Unfiled and amended return strategy

Trust fund recovery penalty

Liens, levies, and collection alternatives

Kovel engagements with accounting professionals

Co-counsel and advisor engagements

For existing clients and referred matters, the firm also handles installment agreements, offers in compromise, and returning to filing compliance. Employment tax matters are also served through payrolltaxcounsel.com.

Counsel

Matters are handled by the attorney you speak with. The practice is deliberately small, and the number of engagements accepted at one time is limited.

Attorney

Daylan A. Nyarko

Court admissions

Illinois State Bar; United States Tax Court

IRS practice

Authorized to represent taxpayers before the IRS in all 50 states under Treasury Department Circular 230

Years in practice

Eleven, in the firm's own practice

Attorney

Daylan A. Nyarko

Court admissions

Illinois State Bar; United States Tax Court

IRS practice

Authorized to represent taxpayers before the IRS in all 50 states under Treasury Department Circular 230

Years in practice

Eleven, in the firm's own practice

Attorney

Daylan A. Nyarko

Court admissions

Illinois State Bar; United States Tax Court

IRS practice

Authorized to represent taxpayers before the IRS in all 50 states under Treasury Department Circular 230

Years in practice

Eleven, in the firm's own practice

Daylan A. Nyarko founded Nyar Tax eleven years ago and practices federal tax controversy exclusively. The practice represents taxpayers before the IRS and the U.S. Tax Court, and before the Department of Justice Tax Division alongside defense counsel, in multimillion-dollar income tax disputes, Bank Secrecy Act examinations, and matters carrying simultaneous civil and criminal exposure. A distinguishing part of the work is forensic financial analysis: reconstructing records after a business has closed or the documents are gone, identifying revenue, and tracing funds and related-party transactions to build the evidence a dispute turns on. That same analysis supports litigation counsel in business disputes, receiverships, and fraud proceedings involving closely held companies.

Daylan A. Nyarko founded Nyar Tax eleven years ago and practices federal tax controversy exclusively. The practice represents taxpayers before the IRS and the U.S. Tax Court, and before the Department of Justice Tax Division alongside defense counsel, in multimillion-dollar income tax disputes, Bank Secrecy Act examinations, and matters carrying simultaneous civil and criminal exposure. A distinguishing part of the work is forensic financial analysis: reconstructing records after a business has closed or the documents are gone, identifying revenue, and tracing funds and related-party transactions to build the evidence a dispute turns on. That same analysis supports litigation counsel in business disputes, receiverships, and fraud proceedings involving closely held companies.

Representative matters

Described generally, without identifying information. Amounts are stated only where they can be verified and disclosed consistently with client confidentiality.

A CFO's personal liability in an $8 million employment tax matter

Following Form 4180 interviews, the Service moved to hold the chief financial officer of a multi-entity company personally liable under section 6672. We dealt directly with IRS Counsel, presented forensic accounting analysis of who in fact controlled payment decisions, and contested the responsible-person determination.

Outcome: the CFO was relieved of personal exposure, and the liability remained with the corporate entity.

Collection threatened against partnership operating assets

Corporate principals faced a high six-figure assessment and threatened enforcement against partnership-owned construction equipment and other business assets. In a docketed Tax Court matter, we negotiated directly with IRS Counsel, using independent asset valuations to demonstrate errors in the assessment.

Outcome: the assessment was reduced to under $30,000, and the risk of enforced collection was removed.

Levies on operating accounts after six quarters of missed deposits

An employer more than six quarters behind on Form 941 deposits, with over $200,000 outstanding, faced a filed federal tax lien and levies on its operating accounts. We brought current deposits into compliance, obtained release of the levy, and secured a section 6159 installment agreement, with voluntary payments designated to the trust fund portion of the liability to reduce the owners' personal exposure.

Outcome: the business retained its operating assets and continued without interruption.

A seven-figure assessment after a high-net-worth relationship ended

Following the end of a high-net-worth relationship involving substantial shared assets, the Service assessed a seven-figure, multi-year tax liability. We represented the taxpayer before the U.S. Tax Court and, when the Small Business Administration withheld corresponding disaster-relief funds, represented the taxpayer before the SBA and engaged congressional offices to facilitate their release.

Outcome: the assessment of more than $1 million was reduced by 90 percent, to one-tenth of the original amount.

Prior results do not guarantee or predict a similar outcome in any future matter. Each matter turns on its own facts, its own record, and the discretion of the taxing authority or tribunal involved.

For accountants, wealth advisors, family law attorneys, and outside counsel

A substantial share of this practice arrives by referral from professionals who have identified a matter that needs to move out of their file and into counsel's.

If you have a client whose examination has turned, whose return position has become a problem, or whose facts have reached the point where your own testimony is a consideration, the referral can be structured so that it does not disturb your relationship with the client. Engagements are frequently handled as co-counsel or under a Kovel arrangement, with the referring professional retained to perform the accounting analysis under privilege.

The firm does not prepare returns and does not compete for compliance work.

For family law counsel in high-net-worth divorces, the firm analyzes the federal tax side of the marital estate: what the returns show and omit, the tax cost of the proposed division, and the parties' exposure on joint returns already filed.

Advisor inquiries

Five business days from receipt of documents. Expedited delivery in two business days is available where timing requires it.

Advisor inquiries

Five business days from receipt of documents. Expedited delivery in two business days is available where timing requires it.

Insights

Analysis of the procedural decisions that shape high-exposure federal tax matters, written for taxpayers and the professionals who advise them.

Blog posts coming soon.

Examinations

When a civil audit carries criminal risk

How to recognize an eggshell audit, and why the taxpayer should not be the one speaking with the agent.

International

Streamlined procedures or voluntary disclosure?

Choosing a path for unreported foreign accounts when the question of willfulness is not simple.

Examinations

Should you sign the statute extension?

What Form 872 does, what a restricted consent is, and what declining to sign actually triggers.

Questions counsel is asked at this stage

We already have a CPA. Why bring in counsel?

At what point should counsel be involved?

Is my current representative's work a problem?

Can you tell me my likely outcome at the outset?

How is the firm engaged, and how are fees structured?

I have a notice with a deadline on it. Can you assess it first?

Can you represent both my company and me personally?

Will my matter be handled by the attorney I speak with?

How is confidentiality handled before an engagement exists?

Request a confidential assessment

Tell us only what is necessary to determine whether the matter is one this firm should take. An attorney reviews every inquiry.

Do not include sensitive facts, account numbers, or documents in this form. Conflict screening is performed before any substantive discussion, and the assessment agreement is signed before any documents are reviewed.

If a statutory deadline is within fourteen days — a notice of deficiency, a collection due process request, a petition date — call 1.888.995.2015 rather than submitting this form.

Office

9600 Great Hills Trail, Suite 150W

Austin, Texas 78759

By appointment only. Meetings are also held by secure video conference.

Telephone

Outside the United States

Include your country and a preferred window for a call in your local time.

Submitting this form does not create an attorney-client relationship and does not obligate the firm to accept the matter. Information submitted before an engagement is established may not be protected by the attorney-client privilege. The firm performs conflict screening before any substantive discussion. An attorney-client relationship is created only by a signed written engagement agreement.

Submitting this form does not create an attorney-client relationship and does not obligate the firm to accept the matter. Information submitted before an engagement is established may not be protected by the attorney-client privilege. The firm performs conflict screening before any substantive discussion. An attorney-client relationship is created only by a signed written engagement agreement.

Submitting this form does not create an attorney-client relationship and does not obligate the firm to accept the matter. Information submitted before an engagement is established may not be protected by the attorney-client privilege. The firm performs conflict screening before any substantive discussion. An attorney-client relationship is created only by a signed written engagement agreement.

NYAR TAX

Federal tax controversy counsel. Examination, appeals, and litigation. Austin, Texas. Clients worldwide.

9600 Great Hills Trail, Suite 150W

Austin, Texas 78759

By appointment only

PRACTICE

IRS examination representation

Eggshell and sensitive examinations

Partnership and entity-level adjustments

Offshore reporting and voluntary disclosure

Employment and trust fund matters

IRS Appeals

United States Tax Court litigation

Advisor and co-counsel engagements

Attorney advertising. This website is for general information only and constitutes attorney advertising in jurisdictions where that designation applies. Nothing on this page is legal, tax, or accounting advice, and none of it should be relied upon as a substitute for advice regarding your specific circumstances.

No attorney-client relationship. Contacting the firm, submitting the inquiry form, or sending email does not create an attorney-client relationship. That relationship is established only by a signed written engagement agreement. Information transmitted before an engagement exists may not be privileged. Please do not send confidential documents until requested.

No guarantee of results. Tax outcomes depend on the facts of each matter, the developed record, the applicable law, and the discretion of the taxing authority or tribunal involved. The firm does not guarantee any result, does not promise a reduction or elimination of any tax liability, and does not represent that any taxpayer will qualify for any particular resolution or disclosure program. Prior results do not guarantee or predict a similar outcome.

Scope of practice. The firm's practice is limited to federal tax matters. State and local tax matters are handled with co-counsel and accounting professionals admitted or licensed in the relevant jurisdiction. The firm's attorney is licensed in Illinois, admitted to the United States Tax Court, and authorized to represent taxpayers before the IRS in all 50 states under Treasury Department Circular 230, and is not licensed in Texas. Federal tax matters are handled nationally and for clients abroad.

Not affiliated with any government agency. This firm is a private law practice. It is not the Internal Revenue Service, is not affiliated with, endorsed by, or acting on behalf of the IRS, the United States Department of the Treasury, the Department of Justice, or any state taxing authority, and uses no government seal, logo, or insignia.

Responsible attorney: Daylan A. Nyarko. Principal office (by appointment only): 9600 Great Hills Trail, Suite 150W, Austin, Texas 78759.

© 2026 Nyar Tax. All rights reserved.