Can I Appeal an IRS Audit? A Tax Attorney Answers

An IRS audit is the nightmare of many taxpayers and business owners. Even if you toe the line when filing your taxes, the IRS can still audit you. An audit may conclude that you owe the IRS money, complete with interest and penalties. Some taxpayers may even face criminal charges.

If you’re dealing with an unfavorable IRS audit, seek tax examination appeal counsel. A tax audit appeal attorney can help you challenge an audit’s rulings and on occasion overturn or modify it.

You Have the Right To Appeal an Audit

A bad audit can be scary, but you have recourse. The IRS Office of Appeals examines many tax disputes every year. Even if you don’t succeed in overturning an audit, your audit reconsideration attorney can help you reach an Offer in Compromise (OIC), an agreement that allows you to pay less than the entire amount of back taxes.

You will receive an official notice from the IRS stating that you have the right to appeal an audit. You must do so within 30 days, so make sure you file your protest within that time frame. However, if you miss the deadline, you can usually request an extension of 30 or 60 days.

Filing a Protest

Once you decide to appeal your audit, request an Appeals hearing via a formal protest letter. If your total amount of back taxes and proposed penalties is under $25,000, you may qualify for a quicker and less strict procedure. If so, you could file a Small Case Request. Note that tax-exempt organizations, partnerships, and S-corps aren’t eligible for Small Case Requests. 

Apart from your identifying information, your protest letter should include:

  • A statement explaining that you wish to appeal the IRS audit findings
  • A detailed list of the audit items that you oppose
  • The reasons for your protest against each item 
  • An outline of the facts supporting your position 
  • A signed penalties-of-perjury statement

Preparing for Your Hearing

Appeals will usually respond to your letter within 90 days, but more complicated cases could take longer. This period should give you enough time to decide on a defense strategy and prepare for a hearing.

Once the IRS completes your audit, it will send you a detailed report outlining its assessment of your back taxes with interest and penalties. You should scrutinize this report and examine your tax and financial information to seek grounds for an appeal. 

Do You Need a Tax Audit Defense Lawyer?

If you’re preparing to appeal an IRS audit, a lot of money may be on the line. A successful audit appeal can prevent a financial catastrophe, so it makes sense to hire a tax audit representation lawyer.

Your lawyer will help you prepare for the appeal hearing and prepare all the statements, receipts, and other documentation that can support your case. They’ll also represent you at the hearing and point out any errors in the IRS audit.

If overthrowing an auditor’s findings is impossible, your attorney may still show that you acted in good faith and negotiate a settlement on your behalf. A tax attorney can also give you valuable advice on preventing future audits. 

Levy & Associates Can Help You Appeal an IRS Audit

Does an IRS audit threaten your finances or business? Call our audit dispute resolution professionals at Levy & Associates. Our dedicated team of tax audit appeal attorneys, former revenue officers, CPAs, and tax consultants can help you appeal an audit. We’ll review your tax documentation and use effective strategies to defend your interests before the Office of Appeals. Call 800-TAX-LEVY or contact us online to consult an IRS audit appeal attorney today.

Contact Levy & Associates for Dependable Tax Audit Services

Levy & Associates is available for free initial consultations. We’re happy to answer any questions you have about the audit process or address any concerns about your specific situation.

There’s never a good time to be audited, and the time-consuming process will take away from your business or family if you try to face it alone. Let us handle and coordinate communication, so you can return to your daily life.