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Question

My income tax audit is in "appeal". The IRS wants me to sign a consent to extend the time to assess tax form. Should I?

Submitted: 26 days and 18 hours ago.
Category: Tax
Value: $40
Status: CLOSED
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Optional Information

State/Country relating to question: California

Already Tried:
Nothing more than reading the 1035 pamphlet that came with the agrrements.

Accepted Answer

Hello,

Thanks for your question.

If you are already in Appeals, the IRS has made the tax assessment already and it is better to sign the waiver so you can give the IRS more time to consider your appeal. If you don't sign, you have to file a court petition within 90 days if you wish to contest the assessment. If you sign the waiver, though, the appeals office can consider your best documented evidence and try to lower those adjustments. At best you can get appeals to look at the case without you going to tax court.

If they are still questioning a prior year such as 2006 in which the IRS agent has not made the actual tax assesment yet, I would recommend not signing it as you would just be giving them extra time to audit your 2006 return before the 3-year statute of limitations runs out on 4/15/2010 (if you originally filed by 4/15/07).

Hope this helps,
Sincerely,

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Expert: JK_CPA
Pos. Feedback: 100.0 %
Accepts: 
Answered: 10/27/2009

Certified Public Accountant (CPA)

with 5 years accounting experience and 18 years tax experience.

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