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How do I appeal an audit?

How do I appeal an...
How do I appeal an audit ?
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Answered in 2 hours by:
3/20/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,369
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. Can you clarify for me what type of audit you are seeking to appeal (e.g., IRS, insurance, other)?

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Customer reply replied 4 months ago
IRS audit. Sorry

Not a problem at all; I just wanted to make sure I actually answered your question.

If you received a letter from the IRS indicating that your case qualifies for review by the Office of Appeals and you wish to appeal, the first step is filing a written protest. What needs to be included is spelled out surprisingly well here: https://www.irs.gov/compliance/appeals/preparing-a-request-for-appeals

If instead, you have just received the first letter from the IRS providing the detailed report of your audit, you should not sign this and return it. Instead, if it is not returned, in most cases, the IRS will generate the appeals notification letter and you will have 30 days from the date of this letter to file your appeal/written protest. It is also possible to simply contact your auditor's supervisor or manager and ask for review by that person, but keep in mind this will not extend the 30-day period for you to file a formal appeal; so you would not want to let that 30 day time period expire unless you got a good result from the supervisor's review within that 30-days.

The good news is that there is a high success rate with appeals to the Office of Appeals. Obviously, I cannot predict whether your appeal will be successful, but the entire mission of the Office of Appeals is to aid taxpayers to avoid having to go to Tax Court or otherwise find ways to pay/collect the calculated back taxes, interest and penalties.

There are few risks to appealing, but there is always the risk that the Office of Appeals will find errors made by the auditor that actually do not benefit you, but this is not common.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,369
Experience: Member at Keefer & Keefer LLC
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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