IRS Tax Appeals and State Tax Appeals
by admin on 14/06/10 at 1:49 pm
IRS Tax Appeals & State Tax Appeals
You’ve received a letter from the IRS stating that you have a tax debt, but you don’t agree with the amount or you don’t believe you owe the IRS anything. If this is the situation you are in, you may want to consider getting a tax attorney to help you with a tax appeal. An appeal can be used to dispute the claims against you without the need for the Courts or a formal trial. Anyone who is in disagreement with a determination the IRS has placed against them can use appeals to legally and fairly resolve the issue.
Is a Tax Appeal Right for You?
If you received a letter in the mail from the IRS explaining your right to seek an appeal to dispute the decision the IRS has made and you disagree with statements of the letter and refuse to sign, an IRS tax appeal may be a good option for you. Some people wrongfully try to appeal an IRS tax debt based on their concern of not being able to pay back what is owed. Individuals who receive a bill, not a notice stating their right to appeal, aren’t allowed to appeal. At this point, the IRS has already begun the process of collections. Before this period, you should have received a correspondence from the IRS stating what you owe and your right to appeal. If no appeal was made, the IRS will move forward in billing you.
Seeking an IRS Tax Appeal
Like with any legal matter, it is wise to consult with a lawyer about your situation before rushing into a case. A tax attorney can help you make the right decisions on how to proceed with your tax appeal and get you what you need to do to win the case. If you are in dispute with a letter you’ve received from the IRS and would like to seek an IRS appeal, you will need to prepare. There are a couple of reasons why one would conduct a tax appeal:
- You are concerned about an incorrect decision the IRS has made, which could be the cause of a misinterpretation of the law;
- You feel the facts were misconstrued and that the IRS didn’t properly apply the law. You will need proof to support your claims;
- You believe that the IRS has placed an incorrect debt against you;
- You don’t agree with the collection’s denial of your Offer in Compromise.
It is always important to have materials that support your claims against the IRS. This will help your side of the case. If you need help with coming up with the right evidence, consult with an attorney in your area.
What to Expect from a Tax Appeal
Appeals are held in an independent department and have no association with the IRS’s office. This is a completely different venue that you can use to resolve your disputes with the IRS (kind of like a mediator). You will be appointed an Appeals or Settlement Officer that will assess the strengths and weaknesses of your case. The contact you have with the officer can be done informally – over the phone, by correspondence or in person. After filing for an appeal, you may not hear from the Appeals office for up to 90 days. Some cases don’t get resolved for 3 months to a year.
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