Benjamin A. Wagner

Top rated Tax attorney in Minneapolis, Minnesota

Wagner Tax Law
Benjamin A. Wagner
Wagner Tax Law

Practice Areas: Tax; view more

Licensed in Minnesota since: 2008

Education: William Mitchell College of Law

Selected to Super Lawyers: 2023 - 2024 Selected to Rising Stars: 2015 - 2022
Free Consultation

Wagner Tax Law

7900 W 78th St
Suite 350
Minneapolis, MN 55439 Visit website

Details

Attorney Benjamin A. Wagner is the founder of Wagner Tax Law in Minneapolis, Minnesota. Mr. Wagner assists individuals and businesses in tax-related legal matters before institutions including the Minnesota Department of Employment and Economic Development, the Minnesota Department of Revenue and the Internal Revenue Service.

Mr. Wagner earned a bachelor’s degree from Saint John’s University and received his law degree from Mitchell Hamline School of Law. He has been licensed to practice law since 2008 and is admitted before various courts including the U.S. District Court for the District of Minnesota, the Minnesota Tax Court, the Minnesota Supreme Court, the U.S. Court of Appeals for the 8th Circuit, the U.S. Court of Federal Claims and U.S. Tax Court.

Outside of his practice, Mr. Wagner regularly speaks on tax-related topics to attorneys, public accountants and tax professionals. He has lectured at numerous continuing legal education events and for various bar associations.  

Mr. Wagner enjoys being involved in his legal community. He is an active member and past chair of the tax law section of the Minnesota State Bar Association and currently serves as legislative chair of the Minnesota State Bar Association’s solo small practice experience section. He also serves on the board of Central Minnesota Legal Services. 

Mr. Wagner is also active in several volunteer activities. He is involved with the American Bar Association’s Pro Bono and Tax Clinics Committee, serves as a program specialist for YMCA Youth in Government and participates in the Minnesota Assistance Council for Veterans legal clinic. He also serves on the board for Central Minnesota Legal Services.

Practice areas

Tax: Business

Focus areas

Tax Law

  • 100% Tax: Business

First Admitted: 2008, Minnesota

Professional Webpage: https://wagnertaxlaw.com/team/benjamin-a-wagner/

Bar/Professional Activity:
  • Minnesota State Bar Association, Solo Small Section Council
  • Central Minnesota Legal Services - Board Member
  • Minnesota State Bar Association, Tax Section (Chair, 2016-2017)
  • U.S. Tax Court
  • U.S. Court of Appeals for the Eighth Circuit
  • Hennepin County Bar Association, Tax Section
  • U.S Court of Appeals for the Eighth Circuit
  • Co-Chair, Minnesota State Bar Association, Legislative Committee, 2011 – Present
  • U.S. District Court for Minnesota
  • Council Member, Minnesota State Bar Association, 2012 – Present
  • U.S District Court for Minnesota
  • Minnesota Tax Court
  • U.S. Court of Federal Claims
  • Minnesota Supreme Court
Pro bono/Community Service:
  • William Mitchell College of Law Attorney Mentor, 2009 – 2019
  • Central Minnesota Legal Services - Board Member and member of the Audit/Finance Subcommittee.
  • Chair, Minnesota State Bar Association, Tax Section, 2016-2017
  • Program Specialist for YMCA Youth in Government, 2005 – Present
  • MACV Legal Clinic For Veterans, 2012 – Present
  • ABA Pro Se Taxpayer Initiative, 2008 – 2019
Educational Background:
  • Saint John's University, B.A., Honors: Dean’s List, 2005
Verdicts/Settlements (Case Results):
  • Successfully negotiated the resolution of two companion FBAR cases involving taxpayers' foreign bank accounts and the movement of funds through those accounts. , 2021
  • Prepared and negotiated an audit reconsideration request with the Internal Revenue Service (IRS) resulting in more than half a million dollars being removed from the IRS's previous tax assessment. , 2023
  • Prepared and successfully negotiated an Offer in Compromise (Offer) for a taxpayer, who had attempted Offers with two previous attorneys, ultimately resolving his six figure balance for barely five figures. , 2022
  • Challenged and obtained a complete concession from the Minnesota Department of Revenue regarding a seven figure assessment of gambling tax., 2022
Scholarly Lectures/Writings:
  • Presented the seminar helping accountants and enrolled agents understand what options their clients have to resolve outstanding state and federal tax obligations. , Presenter, My Client Can’t Pay Their Taxes, Now What? Disputing and Resolving Tax Liabilities, MN CPA Society, Accounting, 2021
  • This presentation tackled the concept that many attorneys fail to understand in terms of making sure they are properly compensated for their time. , Presenter, How Do You Price Your Legal Services (and Get Paid)?, MSBA Solo Small Section, Attorneys, 2023
  • This presentation focused on unique marketing ideas for attorneys hoping to grow or sustain their practice. , Presenter, Guerrilla Marketing: 8 Unique Tips to Improve your Networking and Marketing, MSBA Solo Small Section, Lawyers, 2023
  • This presentation focused on the ethical challenges that tax lawyers face in their daily practice working with various clients and accountant colleagues. , Presenter, Privileges, Kovels, Settlements, and Ethics Rules: What You Don’t Know CAN Hurt You – and Your Clients! , MSBA Tax Section, Lawyers, 2023
  • This presentation focused on recent developments federal tax law and how those decisions will impact taxpayers moving forward. , Presenter, Federal Case Update: A Sordid Tale of Donkeys and Horses, MSBA Tax Section, 2023
  • This presentation addressed practicing before the IRS in a post-COVID-19 world and the challenges many practitioners face. , Presenter, Overcoming the Courtesy Disconnect, MN CPA Society, CPAs, 2022
  • This presentation addressed a number of common questions facing most small business owners and identified tax traps to avoid or mitigate. , Presenter, Common Tax Questions and Issues for Small Business Owners, Wealth Counsel, Accounting, 2022
  • This presentation addressed a variety of collections-related topics, including: common collection letters from the IRS and how to respond to those letters; disputing federal tax assessments via audit reconsideration requests, requests for innocent spouse relief, and requests for trust fund recovery penalty abatement; and payment proposals for the resolution of outstanding liabilities, including offers in compromise, installment agreements, and partial payment installment agreements., Presenter, My Client Can't Pay Their Taxes, Now What? Disputing and Resolving Tax Liabilities., Twin Cities Estate Planning Council, Legal, 2022
  • The presentation explored some common tax issues and questions that arise for attorneys advising small business owners, including: the home office tax deduction, tax consequences and considerations in employing family members, the Section 199A Deduction from the Tax Cuts and Jobs Act, establishing residency in a lower or no-income tax state, whether certain items, such as cars, boats, and planes, are deductible business expenses, and how to determine whether the client should treat workers as employees or independent contractors., Presenter, Tax Tips and Traps for Small Businesses, Quimbee, Legal, 2022
  • Provided insight to attorneys regarding the various ways in which the Department of Justice assists the Internal Revenue Service in pursuing enforced collection. , Presenter, Department of Justice Collection Issues, MN CLE, Legal, 2021
  • Presented a seminar to attorneys helping them understand the options for their clients who have outstanding state and federal tax obligations. , Presenter, My Client Can’t Pay Their Taxes – Now What? Guiding Taxpayers Through The Collections Process, MSBA Tax Section, Legal, 2021
  • Recent Developments in IRS Procedures: Breaches, Identity Theft, Scams, and Passport Revocations - MN CLE - Business & Personal Tax Planning: Impact of the Tax Cuts & Jobs Act & Other NEW Tax Developments , 2019
  • Co-authored the updated Summary Guide relating to tax issues that are relevant to independent contractors and the environment for worker classification. , Co-Author, Summary Guide to Independent Contractors, MN CLE, Legal, 2021
  • Co-authored a chapter in the book and provided a presentation on that chapter for a live CLE. , Co-Author, Complete Business Lawyer's Book and Course, MN CLE, Legal, 2021
  • Tackling Tax Issues In The Gig Economy - MN CLE - 79th Tax Institute , 2019
  • 10 Tax Questions Every Solo/Small Firm Lawyer Should Be Able to Answer. MSBA Solo/Small Conference - DECC - Duluth, MN, 2019
  • Negotiating Collection Alternatives. MNCPA Society - Northland Country Club, Duluth, MN, 2019
  • How The New Tax Bill Will Impact Common Litigation Topics - Minnesota Society of Certified Public Accountants – 64th Annual MNCPA Tax Conference, 2018
  • Recent Developments In IRS Procedures: Breaches, Identity Theft, Scams, and Passport Revocations - MN CLE - 78th Tax Institute  , 2018
  • Essential Tips and Best Practices for Tax Controversy Work – 75th Annual Minnesota CLE Tax Institute, 2015
  • Common Tax Pitfalls for Businesses Under the New Federal Tax Law - MN CLE, 2018
  • Collection Cases: Mechanisms, Procedures, and Resolutions – 61st Annual MNCPA Tax Conference, 2016
  • DOR and IRS Tax Litigation Hot Topics – 76th Annual Minnesota CLE Tax Institute, 2016
  • Residency Issues: Individuals, Estates, and Trusts – Minnesota State Bar Association Tax Section, 2017
  • Recent Developments in Collection Due Process and Innocent Spouse Cases- 73rd Annual Minnesota CLE Tax Institute, 2013
  • The Cold Climate of Minnesota Residency Law, 59th Annual MNCPA Tax Conference, 2013
  • My Client Owes: Successfully Negotiating IRS and MN DOR Collection Options, 59th Annual MNCPA Tax Conference, 2013
  • Tax Traps in Family Law Cases: Avoiding the Landmines, Family Law Section November 2013 CLE
  • Hamline University Business Law Institute: "Hot Topics in Tax" Panelist, 2013
  • Defending Individuals Against Personal Liability Assessments Tax Section, May 2013 CLE
  • Advanced Business Tax, William Mitchell College of Law, Guest Lecturer, 2013
  • IRS Audits and Appeals: Defending Your Client's Position, 58th Annual MNCPA Tax Conference, 2012
  • Sales Tax Audits, Appeals and Litigation: Tips for Negotiation and Resolution, 58th Annual MNCPA Tax Conference, 2012
  • Hamline University Business Law Institute: "Hot Topics in Tax" Panelist, 2012
  • Minnesota Sales and Use Taxes: From Audit through Litigation, Minnesota State Bar Association, May 2012 CLE
  • Tax Traps in Family Law Cases: Avoiding the Landmines, Dakota County Bar Association, 2012
  • Employment Taxes – Tax Law for the Non-Specialist, Minnesota CLE, 2012
  • Collection Issues – Offer in Compromise, Minnesota CLE 71st Annual Tax Institute, 2011
  • Compromising Tax Obligations, MSBA Tax Section Annual CLE Series, 2011
  • "Summary Guide" for Taxation and Reporting of Verdicts and Settlements(Employment Litigation), Minnesota CLE (Update 2010) (Pub.)
  • Employment Taxes – Tax Law for the Non-Specialist, Minnesota CLE, 2010
  • Sales and Use Tax Audits, Appeals, and Litigation in Minnesota Tax Court – 69th Annual Minnesota CLE Tax Law Institute, 2009
  • An Introduction to Representing Taxpayers: From Audit Through Tax Court – Hearsay, Spring 2009, Vol. X, No. 3 (2009) (Pub.)
  • Tax Traps in Family Law Cases: Avoiding the Landmines - Family Law Section, 2013
  • My Client Owes: Successfully Negotiating IRS and MN DOR Collection Options, 59th Annual MNCPA Tax Conference , 2013
  • The Cold Climate of Minnesota Residency Law, 59th Annual MNCPA Tax Conference, 2013
  • Recent Developments in Collection Due Process and Innocent Spouse Cases – 73rd Annual Minnesota CLE Tax Institute, 2013
  • DOR and IRS Collections Options: Negotiating Resolution to Outstanding Tax Obligations – 60th Annual MNCPA Tax Conference, 2014
  • Understanding Profit Motive: How to Protect Against the IRS or DOR Treating Your Client’s Creative Endeavor as a Hobby – Minnesota State Bar Association Arts & Entertainment Law Section, 2015
  • FOIAs and GDPAs: How Requests for Information Can Help Practitioners Resolve Cases with the IRS or DOR – 60th Annual MNCPA Tax Conference, 2015
Other Outstanding Achievements:
  • Co-Chair of the MSBA Tax Section's Judges Conference, 2022
  • Chair of the 76th Annual Tax Institute. Coordinated the planning for the entire institute, including developing a roster of speakers on a wide variety of tax topics. , 2016
  • Minnesota Lawyer Up & Coming Attorney, 2017
Videos:
Honors/Awards:
  • The Jack Carlson Distinguished Service Award is given to an individual who has provided exemplary service to the MSBA Tax Section throughout their career. , Jack Carlson Distinguished Service Award, MSBA Tax Section, 2022
  • https://www.superlawyers.com/about/selection_process_detail.html, Rising Star, SuperLawyers, 2021
  • Each year Minnesota Lawyer recognizes a group of Up & Coming Attorneys off to a fast start in their legal careers and the Unsung Legal Heroes who work to make sure the job gets done., Up & Coming Attorney, Minnesota Lawyer, 2017
Industry Groups:
  • Airline
  • Banking
  • Construction
  • Entertainment
  • Financial Services
  • Hospitality
  • Professional Services
  • Retail
  • Travel

These comments were made by fellow attorneys during the annual nomination process.

“Outstanding attorney. Relentlessly advocates for clients. Contributes a great deal to the legal community.”

“I refer all tax disputes to Mr. Wagner and the feedback I receive is uniformly outstanding.”

“He's exceptional. He offers tremendous client care and routinely gets fantastic results.”

“Ben is a true dynamo in his field. He works tirelessly to achieve outstanding results for his clients.”

Office location for Benjamin A. Wagner

7900 W 78th St
Suite 350
Minneapolis, MN 55439

Phone: 952-921-2106

Selections

2 Years Super Lawyers
8 Years Rising Stars
  • Super Lawyers: 2023 - 2024
  • Rising Stars: 2015 - 2022

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