Appealing a tax audit

by | Jun 12, 2014 | Lawyers

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Not every tax payer gets audited by the IRS but in the event it should happen the results are usually a demand for more money. Although the IRS has the right to audit you and demand more money, you have just as much right to appeal their decision. In many cases when a tax appeals attorney in Atlanta is brought in the results are a downsizing in the amount of taxes owed including interest and penalties that the IRS levy.

Sounds good, but there is a downside, there is also the possibility that in the event you appeal the decision an appeals officer may find issues that were missed initially. In the IRS there is a separation of function; an IRS appeals agent acts totally independent of the opinions and conclusions of the original auditing agent. With the amount of discretion they have you may find that you wind up owing more than you originally thought. Although this is a possible scenario it rarely happens and if it does you will want to engage a tax appeals attorney in Atlanta and head straight to federal tax court.

How to appeal the audit:

The clock starts ticking the moment the report that shows additional taxes are due; you have a full 30 days from that moment to write a letter of protest. The protest letter will include your specific details; name, address, contact numbers, etc along with a statement that you disagree with their findings and you wish to lodge an appeal. This statement will need to be backed up with whatever facts you have that support your argument that the audit was incorrect. As the initial letter must also include the specific law on the issue you are claiming you will need the help of a tax appeals attorney in Atlanta as these people are intimate with all aspects of tax law and IRS rules.

If the IRS state that your taxes owing are less than $25,000 this will be considered a small case request rather than filing a formal protest. This process is quite informal but you still must make the request in writing and within the 30 day window of opportunity. You are free to hire a tax appeals attorney but the attorney must be qualified to practice before the IRS. If you do engage an attorney you will have to provide a power of attorney which authorizes your attorney to have access to confidential information from the IRS.

If the results of a tax audit are not to your liking you have every right to hire a tax appeals attorney in Atlanta and appeal the ruling. You are invited to contact Jeffrey L. Cohen, Attorney at Law if this is your case.

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