What is the IRS Appeals Division?
On July 22nd, 1998, President Clinton signed the IRS Reform and Restructuring Act which made significant changes to the internal organization of the IRS. One of the most notable provisions of this measure was the establishment of the IRS appeals division. The appeals division was established as a fair and impartial way for taxpayers or their representatives to negotiate the settlement of tax disputes outside of the Examinations and Collections Divisions of the IRS. Appeals resolves over 100,000 cases per year and handles a variety of matters including audit decisions, innocent spouse claims, adverse collection actions (liens, levies, and seizures), penalty disputes, installment agreements, and offers in compromises.
Going to appeals has several advantages. First, because of the independence of appeals, taxpayers often obtain more favorable results. Appeals officers are measured by how quickly they resolve disputes rather than the amount of tax the collect. They have an incentive to resolve cases quickly, rather than collect the most money possible, and are often more open to compromise. The mind set of an Appeals Officer, rather than that of a Revenue Officer or Revenue Agent, usually makes a big difference in working to resolve the process quickly. Furthermore, it usually takes a month or two for the case to be transferred to the appeals division. This time period can be used as a tactic to stall collections, save more money to settle your liability, or strategize before your appeals conference. Once in appeals, your appeals officer has the authority to settle cases on the spot.
The IRS has an appeals system for people who do not agree with the results of an IRS examination of their tax returns or with other tax adjustments made by the IRS to their tax liability. If you are involved in a tax audit with the IRS, make sure you know and understand all your rights to an appeal from an IRS decision. There are also important deadlines in the process that you need to be aware of or it may affect your rights.
After you get the tax auditor's results and you're not satisfied with them, you can appeal to the IRS appeals office. You will get a thirty (30) day letter from the IRS auditor which will inform you that you have thirty days to exercise your appeal rights. It is likely that it will be nine months to one year before your IRS appeals audit is heard. If possible, try to settle the tax case before or at this appeal by having a skilled representative deal with the process on your behalf.
What is an Appeal?
-
An Appeal is a request to reconsider an IRS decision.
-
The action of filing an appeal puts the IRS on notice that you do not agree with their decision and stops them from collecting from you. An appeal will stay the collections process.
-
The goal of the IRS Appeal Division is to "settle" disputes between the IRS and taxpayers.
-
The most common IRS decision which is appealed is that of an IRS Audit where the IRS has increased your tax liability.
-
Often this increase includes additional penalties and interest, which can add thousands to your overall tax liability.
-
You must file an Appeals request within a certain time frame and follow the IRS guidelines for an Appeal request to be valid. Otherwise, you may have to challenge the matter in court.
Warning!
If you do not file your Appeal request correctly and on time, you may lose the opportunity to have an Appeals officer listen to your side of the story.
Do not take chances…..hire a tax attorney who will vigorously and objectively defend your rights.
|
[ Offer in Compromise ] [ Current Tax Returns ] [ Late Tax Returns ] [ Criminal Tax ] [ IRS Audit ] [ IRS Appeals ] [ IRS Collections ] [ California Tax ] [ Payroll ] [ EDD ] [ State Board of Equalization ] [ Ronson J. Shamoun, JD, LL.M ] [ Office Staff ] [ Contact Us ] [ Privacy Policy ]
|

