IRS Appeal Tips: Why pay what you don't really owe?


IRS Appeal Process Tips for Taxpayers

irs appeal processIn most cases, when the IRS sends you a tax bill, you really do owe those taxes. Occasionally, the IRS is wrong. If you truly feel that you have been given a tax debt in error, why should you pay for a mistake the IRS made? You may be able to file an IRS appeal to protest your bill and eliminate some or all of your tax debt. This page will teach you how the IRS Appeal process works.

How to File an IRS Appeal: Small Case Request

If the total tax amount you owe is less than $25,000, you should make your IRS Appeal a Small Case Request. Simply follow the instructions on your Letter of Proposed Adjustment. Write a brief request for an IRS Appeal Conference. Also, state what changes you do not agree with and why. You will have until the deadline on your letter to send the IRS Appeal request. After that, it is assumed that you agree with the changes.

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How to File an IRS Appeal: Formal Protest

Formal Protests are for tax debts over $25,000, Employee Plan and Exempt Organization cases, or Partnerships and S Corporations. You will be allowed the same time frame as the Small Case Request to make a Formal Protest. You will need to send the following to the IRS.

  1. The Taxpayer's name and contact information.
  2. A copy of the Letter of Proposed Adjustment.
  3. A statement on the years and changes you disagree with, and why you are disputing them.
  4. Which law or laws you believe back up your protest.
  5. A declaration that the information is all true and you understand the penalty of perjury.
  6. Your signature under your declaration on the truth of your statements.

If you wind up taking your IRS Appeal to tax court, you can only be represented by a Licensed Tax Professional, which includes tax attorneys, certified public accountants or enrolled agents, in tax court. It is greatly advised that you have professional tax representation throughout the IRS Appeal process.

Should You File an IRS Appeal?

Many people will file an IRS Appeal request simply to avoid collections. However, this will only hurt them in the long run. If you file a frivolous IRS Appeal, you could be hit with a heavy fine. For example, in the Aston v. Commissioner IRS Appeal case, Aston wound up with a $25,000 penalty. If you are filing an IRS Appeal to avoid collections, do not waste your time. It is much too risky and there are much better options out there.

If you believe you have a valid case for an IRS Appeal, check to see if your protest falls under what the IRS feels is a Frivolous IRS Appeal Tax Argument. If you still feel that you have good legal grounds to dispute your tax debt, you should consult a tax professional to see if you are right and get representation.

If you want to file an IRS Appeal, you need to be confident and prepared. Consult a professional. Call now or fill out the form below to be matched with a tax resolution company for a free tax debt consultation to see if an IRS Appeal is the right choice! We'll only connect you with a tax debt relief company with Licensed Tax Professionals on staff.


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