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How to Appeal IRS Audit Findings

1.

Read the IRS audit finding letter carefully for instructions regarding how to file an appeal, request an informal review or plead your case in court.

2.

Respond to the initial notice letter, formally stating your disagreement, within 30 days for an informal review or within 90 days to request a court hearing and dispute findings.

3.

Initiate your appeal via telephone for the fastest results. A phone number will be provided on the IRS audit finding letter. Most appeals cases are handled via telephone correspondence with a mediator.

4.

Request an informal review of IRS audit findings with either the auditor's supervisor or the IRS Office of Appeals. Upon review of the evidence presented, you will either be relieved of required payment or required to pursue further action in court.

5.

File your case immediately with the U.S. Tax Court in lieu of payment if you disagree with the findings of the supervisor or IRS Office of Appeals.

6.

Appeal U.S. Tax Court findings or present your case to U.S. Claims Court or U.S. District Court if you have already paid the taxes in question. These courts will not see cases prior to assessment of monies.

7.

Enlist the help of your tax professional or a tax attorney when presenting a case to U.S. Tax Court.

Tips and Warnings

  • Maintain concise records of all potential IRS red flag items, such as deducted medical and business expenses and charitable donations, for at least 7 years.
  • To handle your annual taxes, select an IRS registered agent who can act as a tax attorney during audits.
  • Failure to respond within 90 days to IRS audit findings results in forfeiture of your right to appeal or a trial.
  • If you fail to present accurate and thorough evidence, you risk interest accrual and other penalties on the monies requested by the audit finding letter.


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