What To Do When You Disagree With The IRS

John Dundon

The IRS Office of Appeals offers taxpayers an opportunity to resolve their tax disputes without going to court. Appeals is an independent function within the IRS that provides an impartial review of your tax dispute. Appeals also offers mediation services through Fast Track Settlement and other programs.

These mediation programs are designed to help you resolve your dispute at the earliest possible stage in the audit or collection process. The Appeals process is right for you if:

  • You have fully worked your case with the IRS examination or collections function.
  • You received a letter from the IRS explaining your right to appeal the IRS’s decision.
  • You do not agree with the IRS’s decision.
  • You are not signing an agreement form sent to you.

If all of the above are true, then you may be ready to request an Appeals conference or hearing.

The Appeals process is NOT right for you if any of the following apply:

  • The correspondence you received from the IRS was a bill, and there was no mention of Appeals.
  • You did not provide all information to support your position to the examiner during the audit.
  • Your only concern is that you cannot afford to pay the amount you owe.

Remember, you are entitled to a fair and impartial administrative appeal of most IRS decisions, including many penalties, and have the right to receive a written response regarding the Office of Appeals’ decision. You generally have the right to take your cases to court.

A list of your rights as a taxpayer and IRS obligations to protect them can be found in IRS Publication 1, Your Rights as a Taxpayer.

For further information on the appeals process, read Publication 5, Your Appeal Rights and How to Prepare a Protest If You Don’t Agree, and Publication 556, Examination of Returns, Appeal Rights and Claims for Refund. You can also refer to Publication 1660, Collection Appeal Rights.

Also check out these publications:

OR check out these YouTube Videos

Enrolled with the United States Treasury Department to practice before the IRS, governed by rules stipulated in United States Treasury Circular 230. As a Federally Authorized Tax Practitioner and a tax appeals specialist my Enrolled Agent License #85353 is issued by the United States Treasury. With this license I work for U.S. taxpayers everywhere to resolve tax matters and de-escalate stress about taxes or tax disputes for individuals and corporations with federal and state issues.

Facebook Twitter LinkedIn 

Subscribe to TaxConnections Blog

Enter your email address to subscribe to this blog and receive notifications of new posts by email.