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A Tax Appeal is a request for independent review by a taxpayer that does not agree with an IRS or State taxing authority decision. The goal of the IRS Appeals Division is to “settle” disputes between the IRS and taxpayers.

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If you disagree with any of the IRS’s determinations regarding taxes, you may request a tax appeal. The Appeals request must be submitted within a certain time frame and follow the State or IRS guidelines for a valid Appeal’s request. If a taxpayer doesn’t file their Appeal request correctly and on time, they may lose their opportunity to have an Appeals officer listen to their side of the story.

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After submission, if the case cannot be resolved and is adequate for a review, then your case will be reviewed by the IRS Office of Appeals. You may represent yourself, or have a professional represent you. The representative must be an attorney, a certified public accountant, or an enrolled agent authorized to practice before the IRS.

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To decide if you should appeal your tax dispute, you will need to be able to clarify and provide facts to support your appeal. Reasons for appeal may include:

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  • If you believe the IRS made an incorrect decision based on a misinterpretation of the law

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  • If you believe the IRS did not properly apply the law due to a misunderstanding of the facts

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  • 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

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  • If you believe the facts used by the IRS are incorrect

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Appeals is not for you if ANY of the following apply:

 

  • The correspondence you received from the IRS was a bill and there was no mention of Appeals.

  • You did not provide all information to support your position to the examiner during the audit.

  • Your only concern is that you cannot afford to pay the amount you owe.

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Ensuring your documentation is in order and your case is solid is an area where having a seasoned tax professional can help. The Tax Man will work with you to collect all the necessary information so that your appeal has the best chance of being approved. 

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