Protesting IRS Audit Results: IRS Appeal

Picture of glasses on IRS form to accompany article about IRS appealDo you disagree with your IRS income tax audit results? Good news: You can protest — a.k.a, submit an IRS appeal. Better yet, the process isn’t overly difficult and many people, with the help of a tax law attorney, win.

Common IRS Audit Appeal Questions and Answers

What government agency handles audit appeals?

The IRS Office of Appeals has the ability to modify and overturn audit results; though a part of the IRS, the agency is an independent division.

Who has more sway when it comes to making adjustments?

IRS appeals officers can reverse or change IRS auditors’ results.  If you disagreed with your auditor, an IRS appeal is another shot at rectifying the matter in your favor.

What is the primary goal of an audit appeals officer?

Appeals officers review reports and search for the most equitable outcome for everyone.  Agents look at the “hazards of litigation” — a.k.a., risks the IRS could face if the case were litigated in Tax Court. This often allows appeals officers to negotiate settlements and seek middle ground.

I have very strong political views that, I feel, impact my tax returns. Will an audit appeals agent hear me out?

No. Audit appeals officers do not entertain political, religious, or moral arguments.  However, they will consider facts and new information not explored during the initial exam.

How long will the audit appeals process take?

Generally speaking, with the help of an attorney, people find the process easier and speedier than anticipated. That said, depending on the queue, it can take months. Sometimes, however, the extension works in appellants’ favor since the IRS cannot collect until the appeal’s end.

It can take up to 90 days to hear back after initially submitting an appeal.

What information must I provide in the appeal’s filing?

  1. Name, address, and daytime phone number;
  2. A statement, to the Office of Appeals, declaring your intention to appeal;
  3. A copy of the auditor’s letter outlining the proposed change(s);
  4. An Explanation of the tax period(s) or year(s) involved;
  5. A delineation of each item with which you disagree;
  6. Supporting evidence for your position on each item;
  7. A legal argument supporting your position on each disputed item;
  8. A Penalty of Perjury statement that reads: “Under the penalties of perjury, I declare that the facts stated in this protest and any accompanying documents are true, correct, and complete to the best of my knowledge and belief.”; and lastly,
  9. Your signature.

How do I trigger an audit appeal?

If you want to appeal audit results, DO NOT sign and return an exam agreement statement. Refraining will automatically trigger a letter outlining how to initiate the audit appeals process from the IRS or Illinois Department of Revenue .

At this point, if you don’t already have one, contact an audit attorney. He or she will pave the best path for your exact situation.  The IRS will issue a “30-day” letter which will allow you to file an appeal.

Talk To An Attorney About An IRS Appeal

Our team regularly handles audit appeals for individuals and businesses. We’ll gather the evidence, fill out the proper paperwork, negotiate with agents, and craft effective arguments on your behalf.

We’ve been at this for a long time. Our attorneys are experienced and have a track record of convincing authorities to reduce tax debts in full.

Give us a call today. Let’s chat about how we can help you eradicate your tax problem. The consultation is on us.

 

 

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