Legal Articles
Get Started Finding a Local Attorney Now

Simply fill out this form to connect with an Attorney serving your area.

Can I Appeal An Audit From The IRS

Can I Appeal An Audit From The IRS

Getting an audit after doing your taxes is always a scary thing, especially if you don't have your documents or other things in order. If you've fallen on hard times and are unable to pay all of your taxes, if you believe that auditors made a mistake in their calculations, or if you simply need to take a step forward in your tax audit process, you should consider filing a claim with the Office of Appeals.

Your tax lawyer will help you in the appeals process. All you have to do is schedule a meeting. Your lawyer will tell you the documents and items you need to bring to the meeting, during which you will fill out an appeal to send to the Office of Appeals.

What Is The Office of Appeals

The Office of Appeals is an independent government office with the goal of reaching acceptable compromises between the IRS and individual taxpayers. It enables individuals with tax disputes to come to an agreement outside of court and avoid a long, protracted battle over the audit. Your tax lawyer will have extensive experience dealing with the Office of Appeals and will know how to file and frame your issue. Contrary to popular belief, appeals officers are quite impartial. Their major interest is in avoiding conflict, not upholding the IRS's decision.

When You Can Appeal an Audit

While anyone may attempt to appeal an audit, you have the best chance of success if these two conditions are met:

  • The IRS correspondence stated that you have the right to come to Appeals
  • You do not agree with the reason for the audit and did not sign any agreement form sent by the IRS

If you only received a bill from the IRS and did not see anything about Appeals, your tax audit may be too serious for an appeal. Similarly, if there is nothing wrong with the audit and you simply don't have the funds, your appeal may not have as much weight with the Office of Appeals. Bring the paperwork sent by the IRS regarding your audit to your initial meeting with a lawyer, and you will be able to sort it out.