In re Grand Canyon Destinations — Motion to Supplement Terms of Employment of Symphony as Accounting Firm
Summary
A Motion to Supplement Terms of the Employment of Symphony Business Services LLC as Debtor's Accounting Firm to Provide for Services Related to the Federal Employee Retention Credit, entered May 2, 2023 as Doc 97 in the Chapter 11 case of Grand Canyon Destinations LLC, Case No. 23-10399-NMC, in the United States Bankruptcy Court for the District of Nevada. Symphony was employed as the Debtor's accounting firm by order entered April 12, 2023 at ECF No. 89, for a flat fee of $2,000 per month for bookkeeping and $1,750 for 2022 tax filings. The Debtor asks to pay Symphony 20% of any ERC funds received or credited for investigating and, if appropriate, preparing documents to obtain the funds. The motion is supported by the Declaration of Tracy Janssen and is signed /s/ by Tracy M. O’Steen of Carlyon Cica Chtd.
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“In re Grand Canyon Destinations — Motion to Supplement Terms of Employment of Symphony as Accounting Firm.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/97-motion-supplement-employment-symphony-erc-cfcd4a7e64/
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Case 23-10399-nmc Doc 97 Entered 05/02/23 10:47:20 Page 1 of 17
1 CARLYON CICA CHTD.
CANDACE C. CARLYON, ESQ.
2 Nevada Bar No. 2666
TRACY M. O’STEEN, ESQ.
3 Nevada Bar No. 10949
265 E. Warm Springs Road, Suite 107
4 Las Vegas, NV 89119
Telephone: (702) 685-4444
5 Facsimile: (725) 220-4360
CCarlyon@CarlyonCica.com
6 TOSteen@CarlyonCica.com
7 Counsel for Debtor
8 UNITED STATES BANKRUPTCY COURT
9 DISTRICT OF NEVADA
CARLYON CICA CHTD.
10 In re Case No. 23-10399-NMC
Chapter 11
11 GRAND CANYON DESTINATIONS LLC,
MOTION TO SUPPLEMENT TERMS OF
12 THE EMPLOYMENT OF SYMPHONY
265 E. Warm Springs Road, Suite 107
Debtor BUSINESS SERVICES LLC AS
13 DEBTOR’S ACCOUNTING FIRM TO
PROVIDE FOR SERVICES RELATED
14 TO THE FEDERAL EMPLOYEE
RETENTION CREDIT
Las Vegas, NV 89119
15
16 Hearing Date: June 13, 2023
Hearing Time: 9:30 a.m.
17
18 Grand Canyon Destinations LLC (“Debtor”), by and through its counsel, the law firm of
19 Carlyon Cica Chtd., hereby moves this Court for an amended order, substantially in the form
20 attached hereto as Exhibit 1, authorizing the retention and employment of Symphony Business
21 Services LLC as Debtor’s Accounting Firm (the “Motion”). Although Symphony Business
22 Services LLC (“Symphony”) was employed as Debtor’s accounting firm by order entered on
23 April 12, 2023 at ECF No. 89. Through this Motion, the Debtor seeks entry of a supplemental/
24 amended order that includes payment to Symphony for services related to obtaining the federal
25 Employee Retention Credit (“ERC”), including the investigation and (if appropriate) preparation
26 of documents necessary to obtain such funds. Debtor requests approval to pay Symphony 20%
27 of any ERC funds received for these services.
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Case 23-10399-nmc Doc 97 Entered 05/02/23 10:47:20 Page 2 of 17
1 This Motion is made and based upon the following memorandum of points and
2 authorities, Section 327 of title 11 of the United States Code (the “Bankruptcy Code”), Rules
3 2014(a) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), the Declaration
4 of Tracy Janssen EA, NTPI in support of the Motion (the “Janssen Decl.”), the exhibits attached
5 hereto, the papers, pleadings and records on file herein, judicial notice of which is respectfully
6 requested, and any argument of counsel considered by the Court at the time of the hearing on the
7 Motion.
8 Respectfully submitted this 2nd day of May, 2023.
9
CARLYON CICA CHTD.
CARLYON CICA CHTD.
10
/s/ Tracy M. O’Steen
11 CANDACE C. CARLYON, ESQ.
Nevada Bar No, 2666
12 TRACY M. O’STEEN, ESQ.
265 E. Warm Springs Road, Suite 107
Nevada Bar No. 10949
13 265 E. Warm Springs Road, Suite 107
Las Vegas, Nevada 89119
14 Counsel for Debtor
Las Vegas, NV 89119
15
16 MEMORANDUM OF POINTS AND AUTHORITIES
17 I.
18 JURISDICTION AND VENUE
19 This Court has jurisdiction over the Motion pursuant to 28 U.S.C. §§ 157 and 1334 and
20 Local Rule l00l(b)(l). This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). Venue is
21 proper in this Court pursuant to 28 U.S.C. §§ 1408 and 1409. Pursuant to Local Rule 9014.2,
22 the Debtor consents to the entry of a final order by the Bankruptcy Judge on the Motion. The
23 statutory basis for the relief sought herein arises from Sections 327 of the Bankruptcy Code, and
24 Bankruptcy Rule 2014.
25 II.
26 RELEVANT BACKGROUND
27 1. The Debtor filed its bankruptcy case under Chapter 11 of the Bankruptcy Code
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1 (the “Chapter 11 Case”) on February 23, 2023 (the “Petition Date”).
2 2. On March 8, 2023, Debtor filed its Motion to Employ Symphony Business
3 Services LLC as Debtor’s Accounting Firm [ECF No. 59] and amended that motion on March
4 29, 2023 [ECF No. 81] (the “Symphony Employment Motion”).
5 3. On April 12, 2023, the Order Granting Amended Motion to Employ Symphony
6 Business Services LLC as Debtor’s Accounting Firm [ECF No. 89] (the “Employment Order”)
7 approving Symphony Business Services LLC’s (“Symphony”) employment as Debtor’s
8 Accounting Firm and providing for Symphony to be paid a flat rate fee of $2,000 for its
9 bookkeeping services on a monthly basis, and the fee of $1,750 for preparation of Debtor’s 2022
CARLYON CICA CHTD.
10 tax filings.
11 III.
12 RELIEF REQUESTED
265 E. Warm Springs Road, Suite 107
13 Through this Motion, the Debtor seeks entry of a supplemental order that includes
14 payment to Symphony for services related to obtaining ERC funds, including the investigation
Las Vegas, NV 89119
15 and (if appropriate) preparation of documents necessary to obtain such funds. Debtor requests
16 approval to pay Symphony 20% of any ERC funds received, or credit given by the appropriate
17 agency, as payment for these services. Since the Debtor may be eligible for ERC payments, it
18 is important that Symphony provide these services on Debtor’s behalf. “The Employee
19 Retention Credit (ERC) is a refundable tax credit for businesses that continued to pay employees
20 while shut down due to the COVID-19 pandemic or had significant declines in gross receipts
21 from March 13, 2020 to Dec. 31, 2021.” https://www.irs.gov/coronavirus/employee-retention-
22 credit. Application for ERC funds requires a complex analysis of payroll/employees over a
23 period of time. It is common for employers to engage accountants to perform the work necessary
24 to apply for ERC funds in exchange for a percentage of funds actually received. Janssen Decl.
25 ¶6. Symphony will perform the requisite analysis and, if appropriate, the documents necessary
26 to claim such funds in exchange for its customary charge of 20% of funds actually determined
27 and applied by the appropriate governmental entities. However, Symphony’s fee for the ERC
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Case 23-10399-nmc Doc 97 Entered 05/02/23 10:47:20 Page 4 of 17
1 services will be 20% of whatever the ERC ends up being, even if the amount “received” is
2 applied to the balance due to the IRS.
3 IV.
4 RETENTION AND QUALIFICATIONS OF SYMPHONY BUSINESS SERVICES LLC
5 In connection with its Symphony Employment Motion and the Employment Order, the
6 Debtor has established that Symphony is qualified to perform accounting services for Debtor.
7 Symphony has served as Debtor’s accountants for many years and is currently in the process of
8
reviewing 2022 financials and will prepare the Debtor’s 2022 tax returns. Symphony also
9
provides bookkeeping functions for the Debtor. It is absolutely necessary to have the assistance
CARLYON CICA CHTD.
10
of a professional accounting firm to provide accounting and tax representation to the Debtor, and
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Symphony has the knowledge and expertise to do so efficiently and effectively. Symphony will
12
265 E. Warm Springs Road, Suite 107
also be needed to assist with financial matters relative to the reorganization effort, including
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preparation of reports in connection with the bankruptcy case. The Debtor determined that the
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Firm is well qualified to assist the Debtor in its bankruptcy case, taking into account the Firm’s
Las Vegas, NV 89119
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reputation, experience with small businesses, skill level, and cost, as well as its familiarity with
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Debtor’s business.
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18 The Debtor believes Symphony possesses the resources and qualifications to provide the
19 tax services needed in an efficient and cost-effective manner. Moreover, the Firm has provide
20 accounting and tax services to the Debtor in the past (including, among other things, filing many
21 of the Debtor’s previous tax returns), thus obviating the need for another accounting firm to “get
22 up to speed” and learn the business background, structure, and finances of the Debtor.
23 The Debtor expects Ms. Janssen will be the professional at the Firm primarily responsible
24 for providing accounting services to the Debtor. Ms. Janssen will be assisted by other
25 professionals or staff at the Firm as necessary. Ms. Janssen has provided tax and business
26 consulting services to a wide array of small and medium-sized businesses and their owners for
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over a decade.
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1 Further, for the Court’s ease of reference, a copy of Ms. Janssen’s resume is attached
2 hereto as Exhibit 2.
3 V.
4 DISINTERESTEDNESS
5 The Court has already approved the employment of Symphony pursuant to the
6 Employment Order, as it is established in the record that Symphony does not hold or represent
7 any interest adverse to the Debtor or Debtor's estate, and that Symphony is a “disinterested
8 person,” as that term is defined in Bankruptcy Code § 101(14), as modified by Bankruptcy Code
9 § 1107(b), and used in Bankruptcy Code § 327(a
CARLYON CICA CHTD.
10 VI.
11 SCOPE OF SERVICES
12 Debtor seeks supplement the Employment Order to to retain Symphony to serve as its
265 E. Warm Springs Road, Suite 107
13 accounting professionals during its reorganization efforts and will require Symphony to continue
14 preparation of its 2022 tax returns as well as to assist with financial matters relative Debtor’s
Las Vegas, NV 89119
15 reorganization efforts, including continuation of its bookkeeping services for the Debtor. In
16 addition, Symphony will continue to provide bookkeeping services to Debtor for the duration of
17 this bankruptcy case.
18 VII.
19 PROFESSIONAL COMPENSATION
20 Symphony will apply for allowance of compensation for professional services and
21 reimbursement of expenses incurred in connection with this Chapter 11 case, which Symphony
22 understands is subject to the Court’s approval and must comply with applicable provisions of
23 the Bankruptcy Code, the Bankruptcy Rules, the Local Rules, and any other applicable
24 procedures and orders of the Court.
25 Subject to the Court’s approval under Bankruptcy Code sections 330(a) and 331,
26 compensation to Symphony will be payable from Debtor’s estate, which shall be liable for such
27 compensation as set forth herein. The Employment Order already provides for Symphony to be
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Case 23-10399-nmc Doc 97 Entered 05/02/23 10:47:20 Page 6 of 17
1 paid a monthly flat rate of $2,000 per month for bookkeeping services. In addition, Symphony
2 will prepare the Debtor’s 2022 tax filings for a flat fee of $1,750.00. However, thought this
3 Motion, Debtor seeks Court approval to supplement the terms of Symphony’s engagement to
4 perform services in connection with ERC for a flat fee of 20% of ERC funds actually received
5 by, or credited to, the Debtor as the case may be. Application for ERC funds requires a complex
6 analysis of payroll/employees over a period of time. It is common for employers to engage
7 accountants to perform the work necessary to apply for ERC funds in exchange for a percentage
8 of funds actually received. Symphony will perform these services for a fee of 20% of any funds
9 received or credited on account of the ERC for the investigation and (if appropriate) preparation
CARLYON CICA CHTD.
10 of documents necessary to obtain such funds.
11 VIII.
12 APPLICABLE AUTHORITY
265 E. Warm Springs Road, Suite 107
13 Section 327 of the Bankruptcy Code provides:
14 (a) Except as otherwise provided in this section, the trustee, with the court's
approval, may employ one or more attorneys, accountants, appraisers,
Las Vegas, NV 89119
15 auctioneers, or other professional persons, that do not hold or represent an
interest adverse to the estate, and that are disinterested persons, to represent or
16 assist the trustee in carrying out the trustee's duties under this title.
17 11 U.S.C.A. § 327 (West).
18 This Court has already determined that Symphony does not hold or represent adverse to
19 the estate, that Symphony is disinterested, and qualified to assist the Debtor with providing
20 accounting services during its Chapter 11 Case. In fact, Symphony has already been employed
21 as Debtor’s accounting firm. Here, the Debtor seeks to amend the terms of Symphony’s
22 employment to include services and payment related to ERC funds.
23 IX.
24 CONCLUSION
25 Based on the foregoing, the Debtor respectfully requests that the Court enter an Order in
26 substantially the form as attached hereto as Exhibit 1, supplementing the terms of the
27 employment of Symphony to include services and payment related to ERC funds, and for such
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Case 23-10399-nmc Doc 97 Entered 05/02/23 10:47:20 Page 7 of 17
1 other and further relief as this Court deems just and proper.
2 DATED this 2nd day of May, 2023.
CARLYON CICA CHTD.
3
/s/ Tracy M. O’Steen
4 CANDACE C. CARLYON, ESQ.
Nevada Bar No, 2666
5 TRACY M. O’STEEN, ESQ.
Nevada Bar No. 10949
6 [Proposed] Counsel for Debtor
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CARLYON CICA CHTD.
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265 E. Warm Springs Road, Suite 107
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Las Vegas, NV 89119
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Case 23-10399-nmc Doc 97 Entered 05/02/23 10:47:20 Page 8 of 17
CERTIFICATE OF SERVICE
1
I am an employee of Carlyon Cica Chtd. On the date of filing of the foregoing papers with
2
the Clerk of Court I caused a true and correct copy to be served in the following manner:
3
܈ELECTRONIC SERVICE: Pursuant to LR 2002 of the United States Bankruptcy Court
4
for the District of Nevada, the above-referenced document was electronically filed and
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served on all parties and attorneys who are filing users through the Notice of Electronic
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Filing automatically generated by the Court.
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տ UNITED STATES MAIL: By depositing a true and correct copy of the above-
8
referenced document into the United States Mail with prepaid first-class postage, addressed
9
to the parties at their last-known mailing address(es):
CARLYON CICA CHTD.
10
տ OVERNIGHT COURIER: By depositing a true and correct copy of the above-
11
referenced document for overnight delivery via a nationally recognized courier, addressed
12
265 E. Warm Springs Road, Suite 107
to the parties listed below which was incorporated by reference and made final in the w at
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their last-known mailing address.
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տ FACSIMILE: By sending the above-referenced document via facsimile to those
Las Vegas, NV 89119
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persons listed on the attached service list at the facsimile numbers set forth thereon.
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17 I declare under penalty of perjury that the foregoing is true and correct.
18
19 /s/ Nancy Arceneaux_____________
An employee of Carlyon Cica Chtd.
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Case 23-10399-nmc Doc 97 Entered 05/02/23 10:47:20 Page 9 of 17
EXHIBIT “”
EXHIBIT “”
Case 23-10399-nmc Doc 97 Entered 05/02/23 10:47:20 Page 10 of 17
1
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7 CARLYON CICA CHTD.
CANDACE C. CARLYON, ESQ.
8 Nevada Bar No. 2666
TRACY M. O’STEEN, ESQ.
9 Nevada Bar No. 10949
265 E. Warm Springs Road, Suite 107
CARLYON CICA CHTD.
10 Las Vegas, NV 89119
Telephone: (702) 685-4444
11 Facsimile: (725) 220-4360
CCarlyon@CarlyonCica.com
12 TOSteen@CarlyonCica.com
265 E. Warm Springs Road, Suite 107
13 Counsel for Debtor
14 UNITED STATES BANKRUPTCY COURT
Las Vegas, NV 89119
15 DISTRICT OF NEVADA
16 In re Case No. 23-10399-NMC
Chapter 11
17 GRAND CANYON DESTINATIONS LLC,
18 [PROPOSED] ORDER GRANTING
Debtor DEBTOR’S MOTION TO SUPPLEMENT
19 TERMS OF THE EMPLOYMENT OF
SYMPHONY BUSINESS SERVICES LLC
20 AS DEBTOR’S ACCOUNTING FIRM TO
PROVIDE FOR SERVICES RELATED
21 TO THE FEDERAL EMPLOYEE
RETENSION CREDIT
22
Hearing Date: June 13, 2023
23 Hearing Time: 9:30 a.m.
24
The Court have held a hearing at the above-captioned date and time (the “Hearing”) on
25
the Debtor’s Motion to Supplement Terms of the Employment of Symphony Business Services
26
LLC as Debtor’s Accounting Firm to Provide for Services Related to the Federal Employee
27
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Case 23-10399-nmc Doc 97 Entered 05/02/23 10:47:20 Page 11 of 17
1 Retention Credit [ECF No. ___] (the “Motion”), submitted by Grand Canyon Destinations LLC
2 (the “Debtor”), and the Court being satisfied that Symphony Business Services LLC is a
3 “disinterested person” as that term is defined in section 101(14) of the Bankruptcy Code, 1 and
4 having found good and sufficient cause for the Motion and that appropriate notice of the Motion
5 was provided, and the Court having jurisdiction to consider the Motion and the relief requested
6 therein in accordance with 28 U.S.C. §§ 157 and 1334; and consideration of the Motion and the
7 relief requested therein in being a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A); and
8 venue being proper in this district pursuant to 28 U.S.C. §§ 1408 and 1409; and due and proper
9 notice of the Motion being adequate and appropriate under the particular circumstances and that
CARLYON CICA CHTD.
10 no other further notice is necessary and no objections having been raised; and the Court having
11 found and determined that the relief sought in the Motion is in the best interests of the Debtor’s
12 estate, its creditors, and the other parties in interest, and that the legal and factual bases set forth
265 E. Warm Springs Road, Suite 107
13 in the Motion establish just cause for the relief granted herein; and upon the representations made
14 upon the record during the hearing of the Motion; and after due deliberation and sufficient cause
Las Vegas, NV 89119
15 appearing therefore:
16 IT IS HEREBY ORDERED that the Motion is GRANTED in its entirety. The terms
17 of the employment of Symphony Business Services LLC (the “Symphony”) will be
18 supplemented to include for Symphony to perform the requisite analysis and, if appropriate, the
19 documents necessary to claim such funds with respect to the federal Employee Retention Credit
20 (“ERC”) in exchange for a charge of 20% of the ERC obtained by, or credited to, Debtor.
21 IT IS HEREBY FURTHER ORDERED that Symphony will file a final fee application
22 which the Court will have the opportunity to review in full unrestrained by the limitations of 11
23 U.S.C. § 328.
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26 1
Unless otherwise indicated, all references to a “Section” or a “Chapter” are to Title 11 of the United States Code,
11 U.S.C. §§ 101-1532 (as amended, the “Bankruptcy Code”). “Rule” references are to the Federal Rules of
27 Bankruptcy Procedure Rules 1001-9037. “Local Rule” references are to the Local Rules of Bankruptcy Practice for
the United States District Court for the District of Nevada.
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1 IT IS HEREBY FURTHER ORDERED that this Court shall retain exclusive
2 jurisdiction to hear and decide any and all disputes related to or arising from the implementation,
3 interpretation, or enforcement of this Order.
4 IT IS SO ORDERED.
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Respectfully submitted by:
CARLYON CICA CHTD.
10 CARLYON CICA CHTD.
11 /s/ DRAFT
CANDACE C. CARLYON, ESQ.
12 Nevada Bar No, 2666
265 E. Warm Springs Road, Suite 107
TRACY M. O’STEEN, ESQ.
13 Nevada Bar No. 10949
265 E. Warm Springs Road, Suite 107
14 Las Vegas, Nevada 89119
Counsel for Debtor
Las Vegas, NV 89119
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Case 23-10399-nmc Doc 97 Entered 05/02/23 10:47:20 Page 13 of 17
1 LR 9021 CERTIFICATION
2 In accordance with LR 9021, the attorney submitting this document hereby certifies as
3 follows (check one):
4 The court has waived the requirement set forth in LR 9021(b)(1).
5 No party appeared at the hearing or filed an objection to the motion.
6
I have delivered a copy of this proposed order to all attorneys who appeared at the
7 hearing, and each has approved or disapproved the order, or failed to respond, as
indicated below [list each party and whether the party has approved, disapproved, or
8 failed to respond to the document]:
9
CARLYON CICA CHTD.
10 I certify that this is a case under chapter 7 or 13, that I have served a copy of this
order with the motion pursuant to LR 9014(g), and that no party has objected to the
11 form or content of the order.
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265 E. Warm Springs Road, Suite 107
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Las Vegas, NV 89119
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EXHIBIT “”
EXHIBIT “”
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About
Tracy Janssen, EA
Tracy’s love-affair with numbers dates back to her childhood
when her mom would bring home inventory sheets and pay
her to help add them. She eventually found herself working
in an office environment constantly asking for more
accounting-related tasks. Her boss soon pressed her to enroll
in college—and that’s exactly what she did, earning her
Bachelor’s degree in accounting from the University of
Nevada, Las Vegas in 2009.
After graduating—and armed with decades of experience in
the workforce—Tracy started her tax practice in Las Vegas in
2012 and hasn’t stopped advocating for taxpayers since.
From saving a client $120,000 annually on the first tax plan
she created—to wiping out $80,000 of tax debt for a client
after noticing an auditor had mishandled his foreclosure—
Tracy’s nuanced understanding of numbers and tax law
makes her a force to be reckoned with when it comes to
g
negotiating with the IRS on behalf of her hardworking clients.
https://targetedtaxrelief.com/about/ 1/3
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A wife, mom, and animal lover—Tracy is empathetic,
compassionate, and patient. She believes everyone deserves a
knowledgeable, effective advocate on their side as they work
through stressful financial situations. When she’s not helping clients
resolve their tax problems and get back to a worry-free way of life,
you can find her recentering herself on a hike (likely in Red Rock
Canyon or Mt. Charleson in Las Vegas or in South Dakota’s beautiful
Black Hills) or soaking up new experiences as she travels.
The expertise and education that matters at-a-glance
Enrolled Agent: licensed to practice by the IRS to represent
taxpayers before the IRS
https://targetedtaxrelief.com/about/ 2/3
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National Tax Practice Institute™ Fellow: Specialized training
focused on helping people resolve their tax debt
Certified Tax Coach™: Specialized training on advanced tax
strategies for tax planning
National Association of Enrolled Agents (NAEA) Member: Requires
35 hours per year of continued education (more than the federal
requirement)
American Institute of Certified Tax Planners™ Member: One of
just 700 professionals to complete this intense training academy.
Requires 24 hours per year of tax planning continued education.
National Association of Tax Professionals (NATP) Member: NATP
provides its members industry-leading tax education and
resources as part of its mission to ensure taxpayers are served by
professionals with the highest level of excellence and ethics.
https://targetedtaxrelief.com/about/ 3/3
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