How to Appeal an IRS Decision

If you disagree with an IRS decision regarding an audit, a payment plan, or a levy, you generally have the legal right to file an appeal.

The timeline for responding to an IRS letter is critical to protecting your rights. If you are uncertain of your options, seeking the advice of a qualified tax attorney is highly recommended to ensure deadlines are not missed.

  

Why File an IRS Appeal?

Many taxpayers hesitate to appeal, fearing the process is rigged or unlikely to succeed. However, internal statistics often show that approximately 40% of appeals result in tax reductions.

Key Benefits:

  • Low Initial Cost: There are minimal administrative fees associated with filing an appeal.

  • Liability Reduction: Potential for significant reduction or elimination of the tax debt.

  • Extended Timeframe: Filing an appeal can pause certain collection actions, giving you more time to arrange financing or gather documentation.
  

Disadvantages for Appealing an IRS Decision

While often beneficial, there are risks to consider:

  • "New Issues" Rule: An appeals officer may identify previously unnoticed tax liabilities, potentially increasing the amount you owe.

  • Asset Discovery: During the review of an Offer in Compromise (OIC) or Installment Agreement, the officer may find additional assets or income.

  • Interest Accrual: Interest and penalties continue to accumulate during the appeal. If the appeal is unsuccessful, your total balance will be higher than when you started.
  

When to File an Appeal With the IRS?

Appeals are commonly filed under the following circumstances:

  • Disagreement with collection actions (liens, levies, or seizures).

  • Termination or modification of an installment agreement.

  • Rejection of an Offer in Compromise.

  • Disputing the findings of an IRS audit or the total tax amount owed.

  • Disagreement with assessed penalties.

If any of these situations apply to you, filing an appeal may be a smart choice. Given the complexity of the appeals process, engaging a tax lawyer may help streamline the process.

  

Types of IRS Appeals and When to Use Them

1. Collection Due Process (CDP) Hearings

Used for disputing liens, levies, and seizures.

  • Deadline: 30 days from the date of the notice.
  • Protection: Filing a timely request suspends levy action while the case is pending.
  • Judicial Review: If you lose a CDP hearing, you have the right to seek review in U.S. Tax Court.
  • Form Required: Form 12153
  • .

2. Collection Appeals Program (CAP)

Used for installment agreement rejections or terminations.

    • Speed: CAP is generally faster than CDP.
    • Finality: Unlike CDP, the decision in a CAP appeal is final; you cannot take a CAP decision to Tax Court.
    • Form Required: Form 9423
  

How to Appeal IRS Liens and Levies?

Taxpayers who receive a Federal Tax Lien notice may appeal through a CDP hearing or a CAP. Similarly, tax levies can be contested through the same processes, depending on the situation.

  

How to Appeal a Rejected Offer in Compromise?

If the IRS rejects an Offer in Compromise, taxpayers can appeal by submitting Form 13711 (Request for Appeal of Offer in Compromise) within 30 days of the rejection notice.

  

How to Appeal a Trust Fund Recovery Penalty (TFRP)?

Business owners assessed a TFRP can appeal by sending a written protest and a copy of Letter 1153 (Proposed Trust Fund Recovery Penalty Notification) to the address provided in the letter. The protest should outline reasons for disputing the penalty or amount assessed.

  

Taking Your Case to Tax Court

If an appeal is unsuccessful, taxpayers may have the option to take their case to Tax Court, but only under specific circumstances:

  • Deficiency Proceedings: Taxpayers receiving a Notice of Deficiency ("90-day letter") can appeal additional tax assessments within 90 days.

  • CDP Appeals: After exhausting the IRS Appeals process, taxpayers may petition the Tax Court within 30 days of receiving a Notice of Determination.

Sources:

1) IRS Publication 5 (Your Rights as a Taxpayer): This is the "Bible" for IRS appeals. It outlines the entire process and is the primary document the IRS provides to taxpayers under audit.
2) IRS Appeals - Frequently Asked Questions: A direct resource from the IRS Independent Office of Appeals explaining their mission and independence.
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