Every taxpayer who is being examined in a tax audit has the right to dispute the auditor’s final determination. You do not have to accept the auditor’s findings if you believe any or all of the adjustments are wrong and/or penalties should not be imposed. Your best bet is to contact a California tax attorney who can effectively start the appeals process. Many people who have lost an IRS audit have seen the amount they owe in taxes reduced or even eliminated after hiring a tax lawyer in San Diego or elsewhere to help with them challenge the auditor’s decision.
Once the auditor issues the final determination, you have up to 30 days to file an appeal with the IRS. By working with a tax attorney, an effective and complete written protest letter is prepared and filed with the IRS Office Of Appeals challenging the determination. The IRS Office Of Appeals is a division of IRS that is separate from the Examination Division that performed your initial audit. This is done to ensure a level of transparency and fairness during the appeals process. Within the next few months the IRS Office Of Appeals will notice you and your representative that the appeal as been assigned to an Appeals Officer.
The appeals process can be complex especially when the issues involve the correct interpretation and application of sometimes archaic tax provisions. Therefore, you want to make sure you are prepared for your appeals hearing in order to secure the most favorable result. This includes collecting all of your relevant tax records and information ahead of time. You’ll also want to try and get as much information about the original tax audit as possible. You can file a Freedom of Information Act request on the auditor’s records — this will let you know the information they based their original decision on.
Even if your appeal has been denied or you disagree with the decision of the Appeals Officer, you are not out of options. The Law Offices Of Jeffrey B. Kahn, P.C. can help you to file a Petition in Tax Court to get the amount you owe reduced or eliminated. Many people who have lost their appeal have had the amount of their tax debt lowered by disputing the proposed adjustments in Tax Court.
The Law Offices Of Jeffrey B. Kahn, P.C. has helped many people appeal their tax audit. Working with a tax attorney is the best bet for reducing or eliminating the amount you owe.