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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What Our Clients Have to Say

Susan WilsonSusan Wilson
03:27 25 Jan 23
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
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.
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.
Eddie WaltEddie Walt
19:44 12 Jul 22
During a time in which competent, professional service at a fair price seems to have disappeared, Mr. Nemeth and his team are a refreshing breath of fresh air.From my first phone call to the final settlement of our case with a non-responsive IRS, they under-promised, over-delivered and were in constant courteous contact to make sure we knew exactly what was happening and where we stood.I hope to never need their services again, but, should I receive another friendly letter from the IRS...I know who to call!
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