Can I appeal a tax audit made by the IRS?
Is there any way to appeal an audit decision that was made by the IRS, or do I have to give them money I do not owe?
Montgomery & Wetenkamp
| John Wetenkamp
Sacramento, CA
Sacramento, CA
Yes, you can appeal it, but you need to be aware of applicable deadlines. You might want to check out Publication 556 (starting on page 8). Also, depending on where the IRS is in their collections efforts, you might also need to consult Publication 1660. You should speak with an experienced CPA or tax attorney.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/6/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: David Hoines Law
Yes your CPA should know how to take an appeals. IRS has office of Appeals.
Answer Applies to: Florida
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Eranthe Law Firm
Yes you can appeal an audit. From the IRS website: Appeal Rights are explained by the examiner at the beginning of each audit. Taxpayers who do not agree with the proposed changes may appeal by having a supervisory conference with the examiners manager or appeal their case administratively within the IRS, to the U.S. Tax Court, U.S. Claims Court or the local U.S. District Court. If there is no agreement at the closing conference with the examiner or the examiners manager, the taxpayer has 30 days to consider the proposed adjustments and their next course of action. If the taxpayer does not respond within 30 days, the IRS issues a statutory notice of deficiency, which gives the taxpayer 90 days to file a petition to the Tax Court. The Claims Court and District Court generally do not hear tax cases until after the tax is paid and administrative refund claims have been denied by the IRS. The tax does not have to be paid to appeal within the IRS or to the Tax Court. A case may be further appealed to the U.S. Court of Appeals or to the Supreme Court, if those courts accept the case.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Steven J. Fromm
Yes you can and you should have received a notice as to your rights. Get with a tax attorney to go over the details, strategies and next steps to pursue.
Answer Applies to: Pennsylvania
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Pennsylvania
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Schreiber Law Firm
Yes you can appeal if you did not sign a closing letter agreeing to the determination and you file the appeal within the time stated in the notice you would have been sent about the result of the audit.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bricker & Eckler
Yes - you can submit an appeal to IRS Appeals - in fact it is probably advisable.
Answer Applies to: Ohio
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bullivant Houser Bailey PC
Yes, you can appeal. At the conclusion of the audit, you will be given a notice that informs you of your ability to go to IRS appeals-this often effective and much less expensive than going to court. If that doesn't work, you can appeal to the US Tax court without paying the tax deficiency within 90 days (longer if you are overseas) of receiving the IRS notice of deficiency. You also can appeal and sue for refund in the local US District Court or the Court of Claims (in Washington D.C.) after paying the deficiency.
Answer Applies to: Oregon
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Oregon
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Givner & Kaye
Of course. The Appeals Officers are completely independent from the auditors. You always want to get to Appeals if you sense the auditor is dead set against you. The important thing is to know when to stop arguing with the auditor so that you get to Appeals with NEW FACTS and NEW ARGUMENTS.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Tax
- Are there any tax consequences for depreciating an income property?(1/16/2012)
- How do I settle an employment discrimination suit without paying a lot of taxes?(11/9/2011)
- What can I do to get the refund from IRS?(11/9/2011)
- Do I need a Tax ID number to sell items if I am not registered as non-profit?(11/9/2011)
- How does marrying affect your taxes?(11/9/2011)
- Can a property of a deceased person be transferred before the IRS gets it?(10/17/2011)
- How much tax should I pay on a foreign currency exchange?(10/10/2011)
- Can I appeal a tax audit made by the IRS?(10/5/2011)
- Can I file a case against a Tax Cut program?(9/27/2011)
- Can someone claim my kids on their 2011 tax return, other than me?(9/27/2011)
- How can I resolve a lien on the estate?(9/27/2011)
- Is there a statute of limitations for unpaid tax?(9/17/2011)
- How can I reduce my monthly tax payment to the IRS?(9/17/2011)
- Would there be a way to get back the money I paid for the IRS for taxes?(9/17/2011)
- Would there be a way for me and my former husband share the tax that we owe?(9/17/2011)
- What should I do if the IRS wants to garnish pay from the company I sub contract for?(9/13/2011)
- What will happen if I go to court for claiming more than one dependent on my tax return?(9/12/2011)
- What can we do if there was a mistake on our tax form?(9/8/2011)
- What should I do if the IRS contacted me about a debt?(9/3/2011)
- How can I reduce my monthly payment on delinquent IRS taxes?(9/2/2011)
