IRS Tax Appeal with Nick Nemeth
  • December 4, 2017
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There are instances when taxpayers do not agree with the IRS on certain tax issues. In such instances, if the taxpayer wants they can take the case to the tax court. However, going to the court would require the taxpayer to invest a lot of time, money, and effort. To avoid this, taxpayers have the option of approaching the appeals office, which is an independent body within the IRS. As the appeals office is completely independent of the IRS department that conducted the examination, the taxpayer can rest assure of a fair and transparent proceeding.

If you have a tax disagreement with the IRS and would want to appeal within the IRS, here is all you need to know about it.

Requesting a Conference with an Appeals Officer

As a taxpayer, you can request for a conference with the appeals officer. The instructions for requesting a conference are mentioned in the Audit Letter 950 that the IRS tax examination department sends out to the taxpayer to inform them about an increase or decrease in their tax liability. If the taxpayer does not agree with the tax adjustments in the Audit Letter and requests for a conference, the examiner forwards it further to the appeals office to arrange for a conference at a convenient place and time.

How is The Conference Conducted and Who Needs to Attend it?

These conferences may be conducted in person, on telephone, or through correspondence. You may have an authorized legal representative to participate in the conference on your behalf.

Remember – Only Certified Public Accountants, Attorneys, and Enrolled Agents can represent a taxpayer in the conference with the Appeals office. You can have an unenrolled preparer be a witness at the conference, but they cannot represent a taxpayer.

Ways to Request a Conference

File a Small Case Request
A taxpayer can make a small case request when the total amount of tax, penalties, and the amount of interest for each period is less than or equal to $25,000. The total amount is the amount including the claimed refunds and the proposed tax increase or decrease. In order to file a small case request, the taxpayer needs to send a written statement mentioning the changes that they do not agree with, and the reason for their disagreement. Make sure you send the protest within 30 days from the date of receiving the letter.

File a Formal Written Protest
Here is the information a taxpayer must provide in their written formal protest.

  • Name, Address, and Daytime phone number of the Taxpayer
  • A statement which clearly states that the taxpayer wants to file an appeal
  • A copy of the proposed tax adjustment
  • The periods involved
  • The facts or reasonings supporting the taxpayer’s disagreement
  • Supporting law, a basis which the taxpayer filed the claim
  • Sign of the taxpayer or their representative on the written protest, stating that it is true.

Want a Free Consultation?

If you are facing an IRS tax issue and want a qualified IRS tax attorney to represent you at the appeals office, contact us at the Law Offices of Nick Nemeth. We offer a free, no-obligation consultation wherein you can discuss your tax problems with us. It is a one-on-one meeting and is completely confidential and private in order to figure out your best options. To schedule an appointment, call us at(972) 426-2553.

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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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