IRS Tax Appeals with Nick Nemeth
  • March 6, 2018
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After you receive an IRS letter of adjustment you get 30 days to appeal. That period of 30 days is to let you appeal against any inaccuracies or errors in the report; for which you need to contact The IRS Appeals Division. If you disagree with the IRS’s determination and want to be prepared with the required information for future IRS appeals, this blog covers important points: what can you appeal, how to request for appeals, and what is a small request. Read on.

Actions of the IRS that can be Appealed

You usually appeal for any decision of the IRS under taxation. To be precise, consider appealing for the following conditions:

  • Audit or examination determinations are not correct as per the data maintained
  • If you believe the IRS made an incorrect decision based on a misinterpretation of the law, check the publications under Tax Topics on the IRS website.
  • If you believe the IRS did not properly apply the law due to a misunderstanding of the facts, be prepared to clarify and support your position.
  • If you believe the IRS is taking inappropriate collection-action against you, or your offer in compromise was denied and you disagree with that decision, be prepared to clarify and support your position.
  • If you believe the facts used by the IRS are incorrect, then you should have organized records or other evidence to support your position.

How to Appeal?

Do you disagree with any of the points mentioned above on your IRS letter? If yes, a formal written protest is required in all cases to request an Appeals conference. Here is a list of the things to include when writing the letter:

  • The tax period for which you are protesting
  • A list of each proposed item and the reason/fact for your disagreement
  • Facts to prove your protest
  • Perjury statement that information provided is true and authentic
  • Your name, address, and a telephone number to reach you as well as your signature under the penalties of perjury statement

The letter of appeal should be sent before or on the 30th day after the receipt of the letter from IRS. After that period, the appeal sent to seek IRS problem resolution will not be entertained. You may represent yourself, or have a professional represent you. The representative must be an attorney, Enrolled Agent, or a CPA.

What is a Small Case Request?

There is an exception to your appeal, called ‘Small Case Request’. If the sum of the entire amount of additional tax and the proposed penalty each year is less than or equal to $25,000, you can appeal without a formal letter. Not everyone or every organization is eligible for this request. If you are a part of S Corporations, Partnerships, Exempt Organizations, and/or Employee Plans, you are not eligible for this request.

Need Professional Advice on IRS debt Problems?

The process of appealing looks simple; however, you may be in need of an IRS expert such as an attorney to find your IRS debt resolution. Should you find yourself in need of IRS tax debt problems, The Law Office of Nick Nemeth has got you covered. To discuss your IRS tax debt problems, fill out our contact form can or simply call (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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