Dear Valued Clients and Visitors: As our nation responds to COVID-19, our firm is taking precautionary measures by closely following and reinforcing the guidelines from the CDC and local health authorities. Our physical office is open on a intermittent basis. However, please be assured that we are open for business and ready to serve your needs.

If you have a tax problem or inquiry please call and if we are not in leave a message. A return phone call will be made within a short period of time. Now is the time to address your tax matter. We remain committed to our clients and colleagues through these unusual times. Please stay safe and healthy.

Law Offices of Robert T. Leonard, APC
Free Consultations Available
Toll Free 888-408-9486

The basics of tax opinions

As we have noted in a few of our posts this fall, October and November are not usually months to discuss tax issues unless you are running for office (or campaigning for a candidate). Nevertheless, staying apprised of tax rulings and getting opinions on transactions that could have tax implications are important. Not only will these actions help you make informed decisions as the year comes to a close, they could potentially save you money come next spring.

If you are seeking a tax opinion, this post will highlight what to expect.

Essentially, a tax opinion is a forecast of how a tax court or the IRS may view your argument and whether it will stand up to legal scrutiny.  The opinion should discuss all the relevant facts, the potential legal arguments supporting and criticizing your position, as well as the legal authorities that may apply. The opinion should be an even-handed assessment of all of these, resulting in a recommendation that follows along these lines:

Reasonable Basis – This means that there’s roughly a one in three chance you’ll win. The position is not particularly strong or supported, but it is a position that has a basic legal basis and is not frivolous.

Substantial Authority – This basically means that there is slightly more case law opposing your position as there is supporting it, and there’s probably about a 40 percent chance you will prevail.

More Likely than Not – This means that you have a better than 50 percent chance of winning if challenged. However, nothing is certain.

Will This position means that your tax treatment is nearly assured based on current law.


If you need a tax opinion, an experienced attorney can advise you. 

No Comments

Leave a comment
Comment Information

Send Us A Quick Message

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Law Offices of Robert T. Leonard, APC

Woodland Hills Office
21700 Oxnard Street
Suite 2060
Woodland Hills, CA 91367

Toll Free: 888-408-9486
Phone: 818-224-7935
Fax: 818-587-3833
Woodland Hills Tax Law Office

Los Angeles Office
10100 Santa Monica Blvd.
Suite 300
Los Angeles, CA 90067

Toll Free: 888-408-9486
Phone: 818-224-7935
Fax: 818-587-3833
Map & Directions

Call Today