What could I do if the IRS audit report is wrong? 11 Answers as of June 15, 2015

We were audited by the IRS. The results are completely wrong. The auditor demands we sign and pay anyway. What can we do?

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JV Law Group, LLP
JV Law Group, LLP | Julie Jung
Taxpayers do have rights. Depending on the stage of your audit case, you can request a reasonable amount of time from the auditor to gather the information and documents to contest the audit report. If that option is unavailable and you have information and documents to contest the audit report, then you should exercise your right to appeal. If you missed the appeal deadlines, then you can request an Audit Reconsideration and submit your additional information and documents at that time. However, it is important to note that you cannot merely disagree with the auditor and not do anything. Refusing to sign anything or disregarding the letters from the Internal Revenue Service (IRS) will not make the audit report go away. It is always best to be proactive when dealing with the IRS.
Answer Applies to: California
Replied: 6/15/2015
Law Offices of Robert Beatson II | Robert Beatson II
The facts need to be carefully reviewed and analyzed. An experienced tax attorney/accountant should be able to handle this.
Answer Applies to: Maryland
Replied: 6/10/2015
Ronald K. Nims LLC | Ronald K. Nims
Get a tax attorney to represent you. IRS auditors aren't authorized to force you to accept their results. You need someone between you and the auditor. The first issue is to determine who's correct: you, the auditor or perhaps both or right on some issues. Then options are to attempt to persuade the auditor, to speak with the auditor's supervisor or to appeal the issues.
Answer Applies to: Ohio
Replied: 6/10/2015
McKenzie,Wilkes & Mahmoud | Henry Nasif Mahmoud
You must respond with a well reasoned alternate set of tax calculations, tax item characterizations, and tax remedies that show them wrong. If you sign that audit report you have stated that they are right, and you lose the opportunity to defend against their wrong audit.
Answer Applies to: Illinois
Replied: 6/10/2015
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
Immediately hire a tax attorney or CPA to advise you. If you can straighten this out now, it will save you a lot of expense and stress in the future.
Answer Applies to: Oregon
Replied: 6/10/2015
    Polsinelli Shughart PC | William B. Prugh
    You have the right to appeal prior to payment. Any statement by the IRS to the contrary is both incorrect and contrary to law. You should receive a notice of Taxpayer Rights explaining the procedures you may follow with the IRS and the courts if that becomes necessary. Of course, interest is running on any underpaid or unpaid taxes. Consult a tax preparer for more details.
    Answer Applies to: Missouri
    Replied: 6/9/2015
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    1. Ask to meet with the group manager or a different auditor. 2. If that does not work, appeal. How to appeal should have accompanied the audit report.
    Answer Applies to: California
    Replied: 6/9/2015
    Campbell Law Offices, LLC
    Campbell Law Offices, LLC | Linda S. Campbell
    The changes the auditor wants to make to your tax return are proposed changes. You still have the right to appeal the auditors decision. After you receive the Examination Report from the auditor, you have 30 days to file an appeal. You should file the appeal on time, in writing, and make sure you have proof of mailing. If you have already missed the 30 day window to file an appeal, you will receive a Notice of Deficiency. You then have 90 days to file a petition with the tax court. I strongly recommend that you sit down with a tax attorney to see if you have grounds for appeal. Most of us offer a free consultation and in many cases an attorney can achieve a better result than taxpayers can reach on their own.
    Answer Applies to: Connecticut
    Replied: 6/9/2015
    Robert E. Giffin | Robert E. Giffin CPA
    You do not have to sign anything. When you get the report ask for an appeals hearing.
    Answer Applies to: Ohio
    Replied: 6/9/2015
    Greene Law Firm, P.A.
    Greene Law Firm, P.A. | David B. Greene
    You have the right to appeal the auditor's report.
    Answer Applies to: South Carolina
    Replied: 6/9/2015
    Andrew Gordon
    Andrew Gordon | Andrew Gordon
    Do not sign and pay anyways! Contact a tax attorney asap as you may have limited time to appeal.
    Answer Applies to: Illinois
    Replied: 6/9/2015
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