IRS Audit
  • January 11, 2022
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The very mention of the term ‘IRS audit’ is enough to worry even the most diligent taxpayer. Whether the audit is to investigate back taxes, penalties, interest, or sanctions it can result in perpetual visits to the IRS office or even visits from IRS agents to taxpayers on the receiving end. That, however, is just the beginning of the worries. If all of the findings of the audit are against the taxpayer’s interest, it can result in serious financial consequences. That is when taxpayers can turn to the Office of Appeals.

How does the Office of Appeals Help?

Even though the IRS is often demonized, it gives every taxpayer a fair chance at a just outcome. If a taxpayer is not satisfied with the findings of IRS auditors, they can file a reassessment through the Office of Appeals, which is a separate entity from the IRS. The Office of Appeals, which comprises more than 2000 former tax auditors located across the US, holds the right to overturn or modify the findings of an audit and to the taxpayer’s favor.

Related Blog Post: IRS Tax Controversy: Six Ways the IRS Will Make Your Life Miserable if You Owe Them Money

How to Appeal an IRS Audit?

After the completion of an audit, the IRS sends a detailed report to the taxpayer that outlines the findings and subsequent interest, penalties, or taxes. The first step in the process of filing an appeal is not signing and returning your copy of the report. If you do not accept the report, you will receive a 30-day IRS appeal letter explaining how to appeal the audit, which you must do within 30 days of the date of the issuance of the letter.

What Information needs to be included in the Appeal?

When appealing an IRS audit, make sure you include all the required details: your name, address, and telephone number; a formal statement containing a list of each proposed item with which you disagree and your reason(s) for the same; a copy of the letter you received and the tax period or year in subject. Additionally, you are also required to mention the law or authority that supports your position on each disagreement and a penalties-of-perjury statement followed by your signature under the statement.

Related Blog Post: Requesting a Waiver of IRS Tax Penalties and Interest

How to Prepare for the Hearing?

The IRS usually gives taxpayers at least 60 days to prepare for the hearing after submission of the appeals request. You can use this time to collect and organize all the details pertaining to your appeal and the arguments you intend to present during the hearing. Be sure to prepare copies of all relevant receipts, financial statements, and any other forms you may need to prove your case. It is advisable to provide a clear breakdown of all the information on a spreadsheet that is easily comprehensible to the appeals officer.

How to Present the Case?

When it comes to presenting your appeal during the hearing, it is important to have an outline of the statements you want to make and to go through your points before the beginning of the proceeding. During the hearing, be sure to clearly identify all errors you believe the IRS auditor committed during the audit without bad mouthing the auditor or the IRS. Make sure you either record the session or note down the statements made by the appeal officer during the hearing, you may need the information later.

The Last Word

Appealing an IRS audit can be a tricky maze for most taxpayers, which is the reason why it is important to have an experienced IRS tax attorney on your side, who can guide you in the right direction and help draw a favorable outcome. If you are looking for a trusted Dallas IRS lawyer, look no further than the Law Offices of Nick Nemeth. Over the years, we have helped hundreds of people overcome all sorts of IRS tax problems, and the next success story could be yours. Reach out to us for a no-obligation consultation. Simply call (972) 426-2553 or fill out our contact form and we’ll get back to you as soon as possible.

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Lucy FoyLucy Foy
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My first appointment I had with, Tax Attorney Nick Nemeth, gave me such a sense of relief. He listened and gave me his professional advice, Mr Nemeth took my case. I was well kept updated, by phone calls and letters. That really impressed me and gave me so much confidence in them. The case went on for a couple of months. The day I received the call from one of his team members Kyle, informing me that the case was resolved and that I owed absolutely nothing to the IRS, I was overwhelmed with joy. I would recommend this law firm to anyone that needs help, with any tax issue. Thank you, to the Law Firm of Attorney Nick Nemeth and his team.
Bradley RunyonBradley Runyon
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I received a tax bill in the mail from the IRS last year in 2023. The fees and penalties I owed were something I myself could not afford. I reached out to Nick Nemeth's firm and received the best experience you could imagine. The team was professional, educational, and fast. If you have a tax issue with the IRS using another firm other than Nick Nemeth's would be an error in judgment. I would recommend their services above others.
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R GR G
20:53 21 Dec 23
I had an incompetent tax preparer, who also ignored several notices from the IRS, which in the end resulted in a lien on my property. I did not know what to do and an attorney friend recommended that I contact the Nick Nemeth Law Offices. I met with Jamie Flores and Ivan Nalbantov in December 2021 for a free consultation, and right away was impressed by their thorough examination of my paperwork and extensive knowledge of IRS tax laws. I felt not pressured and appreciated their advice and in the end decided that I would pursue resolving the issue by myself. I paid the IRS Civil Penalty and, as recommended also submitted a letter to the IRS requesting a refund and explaining what happened. I am glad to report that my persistence finally paid off. My case took two years to resolve and I finally received a full abatement/refund check from the IRS in December 2023. I could not have done this without the straightforward recommendation of Jamie and Ivan; and I highly recommend the Nick Nemeth Law Offices to anyone needing help with the IRS.
Susan WilsonSusan Wilson
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I have been very pleased with the solid counsel and guidance that Nick Nemeth has provided me regarding my tax issue. I found him to be honest and straightforward which I appreciated. I was impressed with his relevant experience and knowledge . He has definitely brought me peace of mind during a difficult and stressful time.
Sarah HowardSarah Howard
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I would like to thank Mr. Nick and his staff for the superb help that I received from them. My IRS problem was resolved quickly and efficiently. It took 2 visits to convince me that I was over my head. I thought that I could call the IRS, appeal my tax notices and settle on a payment plan on my own. After many phone calls to the IRS, waiting sometimes more than 4 hours with no resolution to speak of, it proved to be extremely difficult and stressful. Revisiting Mr. Nick was a huge wake up call. My account was reviewed, and a payment plan was established with the IRS within a week. I will be forever grateful to the staff who worked on my case and especially to Lorna who listened to me vent while going through this painful process.
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I cannot say enough good things about Nick and his team. When I first met with Nick he was up front, honest, friendly and efficient. When I worked with one of his attorneys, Eric B, I was just as pleased. All of the staff there are nice and very helpful. I wish I hadn't waited so long to get help with my issue. Over 6yrs I tried getting through and getting anywhere with the IRS and hardly made any progress. I know this may not be the case for all, and even I thought it would take longer than it did, but 3mos and they had my situation straightened out. I still can't believe it. Thank you thank you THANK YOU for all that you did for me. This is a huge burden gone out of my life now thanks to you. If anyone needs help out there, I know you may not want to shell out more money to get their help but it may just save you in the long run.
Spoilly GirlSpoilly Girl
23:49 03 Aug 22
The Nemeth Law team is exceptional. They treat their clients like a family member who is in crisis. They want you to get the best possible outcome. I really appreciate everything that they did for me. Jake and Ashley had the greatest role in my case and it all turned out for the best for me. Thank you Nick and team for easing my fears and getting me through the long process. I'm truly grateful.
Eddie WaltEddie Walt
19:44 12 Jul 22
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