Process of Appealing To U.S. Tax Court
Under normal audit procedures, the IRS issues a 30-day letter, giving a taxpayer 30 days to file a protest and request an Appeals hearing. On the taxpayer’s failure to request a hearing or following an Appeals hearing, the Service issues a 90-day letter (officially called a “Notice Of Deficiency”), giving the taxpayer 90 days to file a Tax Court petition before collection proceedings begin.
With the reduction in the number of IRS audits and a reliance on computer matching, some taxpayers are facing automatic computer-generated 90-day letters, without first receiving a 30-day letter. IRS personnel call this practice, “smokeout” whereby the 90 days will toll Read more