Mr. Ayuban Antonio Tomas CPA, Esq.

Mr. Ayuban Antonio Tomas CPA, Esq.

Law Office of A. Antonio Tomas, PA
  • Appeals & Appellate, Business Law, Criminal Law...
  • Florida
Badges
Claimed Lawyer ProfileQ&ABlawgsearchSocial Media
Practice Areas
  • Appeals & Appellate
  • Business Law
  • Criminal Law
  • Domestic Violence
  • DUI & DWI
  • Tax Law
Fees
  • Free Consultation
    Free 30 minute consultation
  • Credit Cards Accepted
    Visa, Mastercard, Discover, Amex
Jurisdictions Admitted to Practice
Florida
11th Circuit
U.S. Supreme Court
U.S. Tax Court
Languages
  • Spanish: Spoken, Written
Professional Experience
Attorney
Law Office of A. Antonio Tomas, PA
- Current
My law practice focuses on two main areas: Tax Law and Criminal Law. My Tax Law Practice includes: * Civil Tax Controversies * Tax Litigation * Problematic Audits * Employment and Payroll Tax issues * Tax Collections * IRS Liens, Levys and Seizures * Offshore Compliance * Voluntary Disclosures* I am a Board Certified Tax Lawyer and have successfully represented clients against the Internal Revenue Service at the field and appeals level, as well as before the United States Tax Court. I have also advised and counseled clients on various issues, including trust and estate planning, corporate structuring and general tax planning. My Criminal Law Practice includes: * Grand Jury Representation * Fraud * Tax Evasion * Money Laundering * DUI * Capital Felonies* I have extensive experience at the state and federal level litigating all phases of a criminal case. I have defended clients charged with various white-collar crimes, as well as other crimes such as grant theft, child molestation and murder. I pride myself on always being available for my clients. When I accept a case, I make a commitment to do everything in my power to protect my client's interests and achieve the best possible results.
Associate Attorney
Weisberg and Kainen, P.L.
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Miami-based law firm focused on providing comprehensive legal support to individuals and corporate entities caught up in tax controversies or charged with criminal behavior.
Education
University of Miami School of Law
LL.M. / Taxation
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University of Miami School of Law
J.D. / Law
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Honors: cum laude
Activities: Editor of Inter-American Law Review
Florida International University
M.S. / Taxation
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Florida International University
B.A. / Accounting
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Awards
AV Peer Review Rated Preeminent Attorney
Martindale-Hubbell
AV Preeminent® is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.
Pro Bono Excellence Award
Put Something Back
Professional Associations
Coral Gables Bar Association
Member
- Current
Florida Association of Criminal Defense Lawyers
Member
- Current
American Bar Association
Member
- Current
Cuban-American Bar Association
Member
- Current
Dade County Bar Association
Member
- Current
Florida Association of Certified Public Accountants
Member
- Current
Certifications
Certified Public Accountant
Florida Association of Certified Public Accountants
Board Certified Tax Lawyer
Florida Bar
Websites & Blogs
Website
Website
Blog
Florida Tax Lawyer Blog
Blog
Florida Criminal Lawyer Blog
Legal Answers
8 Questions Answered

Q. What are the elements necessary to find a person incompetent to stand trial in Florida in a misdemeanor DUI case?
A: There are no set guidelines or elements, but rather there is a procedure when competency is an issue. Pursuant to Florida Rules of Criminal Procedure Rule 3.210(b): If, at any material stage of a criminal proceeding, the court of its own motion, or on motion of counsel for the defendant or for the state, has reasonable ground to believe that the defendant is not mentally competent to proceed, the court shall immediately enter its order setting a time for a hearing to determine the defendant’s mental condition, which shall be held no later than 20 days after the date of the filing of the motion, and may order the defendant to be examined by no more than 3 experts, as needed, prior to the date of the hearing. Attorneys for the state and the defendant may be present at any examination ordered by the court.
Q. What are the elements necessary to find a person incompetent to stand trial in Florida in a misdemeanor DUI case?
A: There are no set guidelines or elements, but rather there is a procedure when competency is an issue. Pursuant to Florida Rules of Criminal Procedure Rule 3.210(b): If, at any material stage of a criminal proceeding, the court of its own motion, or on motion of counsel for the defendant or for the state, has reasonable ground to believe that the defendant is not mentally competent to proceed, the court shall immediately enter its order setting a time for a hearing to determine the defendant’s mental condition, which shall be held no later than 20 days after the date of the filing of the motion, and may order the defendant to be examined by no more than 3 experts, as needed, prior to the date of the hearing. Attorneys for the state and the defendant may be present at any examination ordered by the court.
Q. My boyfriend got wasted at a party, but wouldn't let me drive him home. Cops pulled us over, and I was charged with DUI
A: They can argue that you were in control of the vehicle, but that is quite a stretch. A qualified DUI attorney should be able to win this case for you.
Q. I am trying to locate actual tax court cases where medical reasons were the basis for penalty abatement
A: It depends what kind of penalty you're talking about and whether or not the medical problems were present at the time the penalty was committed. If the medical problem cause the person to commit the penalty, then there is an argument for abatement on the basis of reasonable cause. If that is not the case, then an offer in compromise on the basis of effective tax administration may be more appropriate.
Q. I was audited by the irs and i claimed my biological brothers children but i was adopted how do i prove it
A: If you are audited, you will have to establish that you provided support to these children and/or that they resided with you more than half of the year. You can prove this with receipts, copies of bills from the child's doctor, school, etc.. Contact a tax attorney who can represent you against the IRS in the event you are audited. Good luck!
Q. What happens to someone with a huge ($333k) federal tax lein?
A: The tax lien will attach to any real property that the person attempts to sell. Federal tax liens are not dischargeable in bankruptcy. If you have a tax lien, you should consult with a tax attorney to review your different options which would include an offer in compromise or an installment agreement.
Q. I received a notice tax lien filing and a copy of Certificate of Tax Lien - Individual Income. I can't pay all thats due
A: You will receive a notice when someone buys the certificate and you will receive another notice when an auction is scheduled. I have had clients who received a notice of a pending tax sale, but I was still able to get them to postpone it to give the person time to come up with a payment. I would suggest you contact a tax attorney if you find yourself in this situation.
Q. How long does it take for the IRS/US Federal Court to Indict someone for tax fraud?
A: The statute of limitations is six years.
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Contact & Map
Law Office of A. Antonio Tomas, PA
815 Ponce De Leon Blvd.
Suite 303
Coral Gables, FL 33134
USA
Telephone: (305) 648-1040