Taxpayers have the right to appeal an IRS decision in an independent forum. This is one of ten basic rights — known collectively as the Taxpayer Bill of Rights— that all taxpayers have when dealing with the IRS.
The IRS Office of Appeals that handles a taxpayer's case must be separate from the IRS office that initially reviewed that case. Generally, Appeals will not discuss a case with the IRS to the extent that those communications appear to compromise the independence of Appeals.
Here are some points to remember about the right to appeal a decision in an independent forum:
- A statutory notice of deficiency is an IRS letter proposing additional tax. Taxpayers who receive this notice and who then timely file a petition with the United States Tax Court may dispute the proposed adjustment before they must pay the tax.
- Taxpayers are entitled to a fair and impartial appeal of most IRS decisions, including many penalties.
- Taxpayers have the right to receive a written response regarding a decision from the IRS Office of Appeals.
- When taxpayers don't agree with the IRS's decisions, they can refer to Publication 5, Your Appeal Rights and How To Prepare a Protest If You Don't Agree, for details on how to appeal.
- Generally, taxpayers may file a refund suit in a United States district court or the United States Court of Federal Claims if:
- They have fully paid the tax and the IRS has denied their tax refund claim.
- No action is taken on the refund claim within six months.
- It's been less than two years since the IRS mailed them a notice denying the refund.
IRS Tax Tip 2018-37
Are you currently being audited or have been audited by the IRS? You have the right to appeal the IRS decision if you are unsatisfied. Juda Gabaie Esq. represents individuals and businesses for audits and appeals.
Reliable Tax Attorney is a Maryland Tax Attorney representing clients nationwide before the IRS and various tax agencies. For more information on how our office can assist you with your tax problems, please call 443-345-8291.