How to file an appeal with IRS?
  • August 3, 2021
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Every year, millions of tax accounts are audited by the IRS. An IRS audit is a result of a mistake in a taxpayer’s return or suspicion of potential tax fraud. Sometimes, you may receive an unfavorable ruling after a tax audit. If your tax account was audited recently and you are not satisfied with the outcome, you have the option to request for appeal in the IRS appeal office. The IRS appeals phone number is inundated with calls from taxpayers seeking to get decisions against them assessed. In many cases, the IRS office of appeals may overturn or at least modify the findings of the audit in their favor. The following is a brief guide to preparing a request for appeal against an IRS decision.

Qualifying for an Appeal

To qualify for an IRS appeal, you must satisfy the following conditions:

  • You have received a letter from the IRS that explains your right to appeal the audit outcome.
  • You are not in agreement with the IRS’s decision.
  • You believe that the IRS has misinterpreted the law and made a wrong decision.
  • You believe that the IRS is taking inappropriate collection action against you.
  • The facts that the IRS presented during the audit were incorrect.

Must Read : Appeals: The Gateway to Resolving IRS Tax Disputes

Should you fail to provide all the correct information to the agent during the audit or you just can’t afford to pay the taxes, your case may not enter the appeal process.

Filing a Protest

You need to file a formal protest for the IRS appeals office to reconsider the decision. You can file a formal protest if you disagree with a federal tax lien, tax levy, denial, or termination of a payment plan. You need to send your formal protest within the time limit specified in the letter you received from the IRS mentioning your right to appeal the decision.

Filing a Small Case Request

You have the option to file a small case request if the total amount of penalties and taxes for each tax period is lower than $25,000. The total amount of each tax period includes the total unpaid tax amount, penalties, and the interest due. Exempt organizations such as political organizations, religious foundations and nonprofits, ‘S’ corporations (corporations that fall within the subchapter S of chapter of Internal Revenue Code), and partnerships are not eligible for filing small case requests.

Appealing a Collection Decision

If you disagree with a collection action that the IRS has taken against you, you need to select the right collection appeal program (CAP) that relates to your case. CAP has a relatively faster process and is available for many different collection actions such as Liens, Levies, Seizures, Rejection of Installment Agreement, Termination of Installment Agreement, and Modification of Installment Agreement.

Related Blog: Answering 5 FAQs about IRS Tax Lien Assistance

Hiring a Tax Attorney for Professional Advice

Appealing an IRS decision requires following the right filing procedure and presenting paperwork with correct and complete information for your case to enter the appeal process. It is recommended to get help from a tax attorney to understand the IRS appeal settlement guidelines and file your appeal correctly. Tax attorneys have extensive experience in handling IRS tax problems and know how to get favorable outcomes.

The Final Word

When planning to file an appeal against an IRS decision, your best bet is to seek help from a seasoned tax attorney. For IRS tax help in Dallas and nearby areas, look no further than the Law Offices of Nick Nemeth. We have a team of seasoned tax attorneys who have a record of helping clients with their IRS tax problems and getting the most favorable outcomes. To consult with one of our IRS tax attorneys, call (972) 426-2553 or fill out our contact form, and we will take it from there.

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Brent VahleBrent Vahle
19:13 02 May 24
I called to see if they could help reduce some penalties and fees. The person I spoke with told me it might be counterproductive for them to take my case since their feels would likely equal the amount of penalty/interest abatement. I decided to pass on moving forward but was so happy to hear a legal team, or any business for that matter, who has that much integrity. I feel most others would likely try to take my money anyway. I hope I never have to go through this again, but if I do, I will definitely use the Law Offices of Nick Nemeth!
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Matthew SwigartMatthew Swigart
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Great attorney who was able to provide quick and useful advice. Although my situation did not warrant their services, they still took the time to discuss solutions I could explore. I highly recommend visiting this office!
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Carla AtwalCarla Atwal
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Nick was wonderful in guiding me with direction on some tax questions I had. He was concise, and to the point, and was happy to provide general info to me at no charge. I truly appreciate him and would highly recommend him.
Miguel AlvaradoMiguel Alvarado
15:56 25 Mar 24
By far the best attorneys I have ever worked with. They’re are very helpful and supportive from day one. They went above and beyond to make sure all my documents were submitted on time and gave updates as soon as they received them. I cannot name a single flaw in their work. Their team of assistants are very professional and seem to all be on the same page. I’ve made multiple phone calls and sent a ton of emails to their staff and they were able to help me all through the course of the case. I cannot express my gratitude enough for how excellent they handled my case.
Lucy FoyLucy Foy
06:55 19 Jan 24
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
20:17 13 Jan 24
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.
Sue HulsemanSue Hulseman
19:55 11 Jan 24
Working with Nick Nemeth and his team to resolve my debt with the IRS was the best decision I could have made. I felt such relief knowing I didn’t have to deal with the IRS myself. They did a wonderful job and were responsive to my questions and kept me abreast of my case. My outcome was exactly what I was hoping for. I strongly recommend using them if you have an issue to resolve with the IRS.
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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Sarah HowardSarah Howard
03:44 14 Nov 22
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.
M WM W
00:33 07 Aug 22
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.
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19:44 12 Jul 22
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