IRS Tax Problems

Tax Disputes: Understanding Your Rights and How to Appeal an IRS Decision

11/27/2023

Dealing with the Internal Revenue Service (IRS) can be overwhelming even under the best circumstances, but moreso when disputes arise over tax matters. Fortunately, taxpayers have rights and avenues for appeal when they disagree with an IRS decision. In this brief guide, we'll explore the fundamental rights taxpayers have during tax disputes and provide a step-by-step guide on how to appeal an IRS decision.

Understanding Your Rights in Tax Disputes

Right to a Fair and Just Tax System: American taxpayers have the right to expect the IRS to consider their position fairly and impartially. This includes the right to appeal decisions made by the IRS, ensuring that any concerns are heard and evaluated in an unbiased manner. The appeal process is crucial for taxpayers who wish to seek fair resolution, reinforcing the principle that every taxpayer is entitled to equitable treatment within the U.S. tax system.

Right to Finality: Taxpayers have the right to know the maximum amount of time they have to challenge the IRS's position and the amount of time the IRS has to audit a particular tax year or collect a tax debt. This provision ensures transparency and certainty for taxpayers, allowing them to plan and address any potential tax issues within a defined timeframe. By being informed about the deadlines associated with IRS actions, taxpayers can make timely decisions and take appropriate steps to resolve disputes, including hiring a professional.

Right to Quality Service: Taxpayers have the right to receive prompt, courteous, and professional assistance in their communications with the IRS. This commitment to quality service is essential in fostering a collaborative and transparent relationship between taxpayers and the tax agency. By upholding these standards, the IRS aims to provide clear and accurate information, address inquiries promptly, and ensure that taxpayers feel supported throughout their interactions with the agency.

Right to Pay No More than the Correct Amount of Tax: Taxpayers have the right to pay only the amount of tax legally due, including interest and penalties that are not forgiven during the tax resolution process. As noted, individuals also have the right to challenge the IRS's position and be heard.

Credit: ArtistGNDphotography/Getty Images

How to Appeal an IRS Decision

Review the IRS Notice and Hire an Expert: Carefully review the notice you received from the IRS. This document will outline the reason for the decision and provide instructions on how to proceed. Given the complexity of tax matters, it is worthwhile to enlist the services of a tax resolution professional when navigating disputes with the IRS. An expert in tax resolution can help you decipher any jargon in the notice, assess the strength of your case, and guide you through the appropriate steps for an effective appeal. Their expertise can be invaluable in presenting a compelling argument and ensuring that your rights are protected throughout the process.

Contact the IRS: Reach out to the IRS contact person listed on the notice to discuss the decision. In some cases, the matter can be resolved through communication. Establishing an open line of communication with your IRS contact person allows you and your tax professional to address concerns, clarify misunderstandings, and find a resolution that works for everyone involved.

Prepare Your Appeal: If a satisfactory resolution is not achieved through your initial communication with the IRS, prepare your appeal. This may require you and your tax professional to gather supporting documents and create a written statement outlining your position. Ensure that all relevant documents are organized, and your written statement is clear and concise. By carefully preparing your appeal, you improve your chances of effectively communicating your position and achieving a favorable outcome.

Submit the Appeal: Send your appeal and supporting documentation to the address provided in the original IRS notice. Be sure to meet the deadline for submission.

Review by the IRS Appeals Office: The IRS Appeals Office is independent of the IRS office that made the original dispute decision. An appeals officer will review your case and schedule a conference to discuss it further if necessary.

Further Options: If you disagree with the outcome of the appeal, you may have further options, such as taking your case to tax court. Your tax resolution expert can assist you in deciding the best next steps if you are unable to resolve your situation by following the process outlined here.

Credit: Chip Somodevilla/Getty Images

Understanding your rights and the process of appealing an IRS decision is crucial in ensuring a fair resolution to tax disputes. By being informed and proactive, taxpayers like you can navigate challenges with confidence and protect their rights within the U.S. tax system.

Feature Image Credit: Natalia Gdovskaia/Getty Images

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Spencer Wilson

Spencer Wilson, EA is a tax preparer based in Long Beach, CA. Spencer Wilson Financial Management Services has been serving the Greater Los Angeles Area and Orange County since 2004. <br /> We began in the heart of Naples in Long Beach and we continue to work hard offering tax preparation and planning, business accounting and bookkeeping and payroll services . <br /> We have helped many different people and businesses succeed financially and take control over their finances.

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