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Who Can File an IRS Appeal?
IRS appeals are not the proper recourse for all tax disputes. For example, you cannot appeal if you knowingly withheld information during an audit or you unable to pay your tax debt. There are certain instances, however, where filing an appeal makes sense, such as:
The IRS made an incorrect decision due to a misinterpretation of the law
The IRS improperly applied the law due to a misunderstanding of the facts
The IRS is taking inappropriate collection action against you
Your Offer in Compromise request was denied, and you disagree with the results
The IRS used incorrect information/facts in reaching its decision
If any of the above applies to your situation, you may want to start the appeals process. Keep in mind that you’ll need to provide support to back up any claims regarding misinformation or misinterpretation.
The Appeal Process
The IRS appeals process typically begins when you receive a letter from the IRS explaining your right to appeal their decision on your tax debt. This letter will include the address where you should file your written protest. It will also include a timeframe for submitting your appeal request. Typically, you have 30 days to reply. Do not send the request directly to the Office of Appeals, as this will only delay your case.
Once received, the IRS examination or collection office that handled your case will review your protest and attempt to resolve the disputed tax issue(s). If unsuccessful, your protest will be forwarded to the Office of Appeals for consideration. Although this may seem pretty straightforward, there are actually specific processes and procedures, depending on the nature of your tax dispute. If you omit required information in your written protest or fail to follow the correct guidelines, your request for appeal could be denied.
Make sure your appeal is handled correctly. Speak with a seasoned tax professional, like those at Tax Defense Network. Our tax experts will do more than show you an appeal letter sample and tell you where to send it. We’ll work within the narrow timeframe to protect your IRS appeal rights, suggest additional information to include, and execute your tax appeal according to tax law – even if that means taking it to tax court.
