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I want to go through IRS Appeal as required for filing a tax…

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I want to go through...
I want to go through IRS Appeal as required for filing a tax refund suit, but they told me that I am too late, because I already received the Notice of Deficiency. They said I should have received some 30 day letter inviting me to the Appeal process, but I never received that. I only received 4549-A Income Tax Examination Changes. They said my case is closed. Is there any way to get into their Appeal process at this time? Do you have the address where I can send the Formal Protest to request such Appeal Review? If not, am I still able to sue in District Court - perhaps by claiming that IRS failed to protect the 30 day invitation letter?
Submitted: 3 months ago.Category: Legal
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3/30/2018
Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,397
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

I want to go through IRS Appeal as required for filing a tax refund suit, but they told me that I am too late, because I already received the Notice of Deficiency.

Response 1: Unfortunately, that is correct.

They said I should have received some 30 day letter inviting me to the Appeal process, but I never received that. I only received 4549-A Income Tax Examination Changes. They said my case is closed. Is there any way to get into their Appeal process at this time?

Response 2: Unfortunately no. However, you can now take your case to the U. S. Tax Court.

Do you have the address where I can send the Formal Protest to request such Appeal Review?

Response 3: No. First, IRS does not make this address available to the general public. Second, Notice of Deficiency forecloses your right to use the IRS Appeals Process. You must now take your issue to the U.S. tax Court.

If not, am I still able to sue in District Court - perhaps by claiming that IRS failed to protect the 30 day invitation letter?

Response 4: You can file your case at U.S. Tax Court.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 3 months ago
Please clarify response 4 (You can file your case at U.S. Tax Court): I don't want to go to Tax Court. My question was whether I can still go to District Court (claiming IRS failed to provide Invitation for Appeal), Or will the District Court judge dismiss my case because I have not gone through IRS Appeal process?
Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

U.S. Tax Court has jurisdiction of your issue since it is a dispute with the IRS regarding the amount owed. Thus, if you file your case at the District Court, the Court may dismiss your case for lack of jurisdiction.

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Customer reply replied 3 months ago
My question was not about jurisdiction, but the lack of Exhaustion Of Administrative Remedies. I know court accepts exceptions. So my question is really that if IRS did not provide Invitation for Appeal, can that be construed as an exception in the sense that the Appeal was not available for me?
Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

Respectfully, ***** ***** file or not file a case is a question of jurisdiction. I will opt out however to give another Attorney the opportunity to further assist you.

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Customer reply replied 3 months ago
I am sorry if I had asked question improperly, because I am not well-educated in tax refund court procedures. One thing I was looking at for exception is this:
Darby v. Cisneros, 509 U.S. 137 (1993), holds that, under the Administrative Procedure Act, 5 U.S.C. 704, a person aggrieved by an agency action can seek judicial review of the action without exhausting an available administrative appeal, unless the agency's regulations provide both (1) that the administrative appeal must be taken, and (2) that during the pendency of the administrative appeal the agency action shall be inoperative.
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