Internal Revenue Service (IRS) provides a formal process – Appeals – to help resolve tax disputes without proceeding to court. Appeals officials will review all available information, viewpoints and perspectives to come to a resolution on which the IRS and the taxpayer agree.
Q. I disagree with the action the IRS is taking on my case. If I go to Appeals, will I really get a fair review?
A. Yes, you will. The Appeals Division of the IRS is designed as an independent forum that provides a fresh look at your tax dispute.
Q. Are there any advantages to going to Appeals, or is it better to just go to court?
A. The Appeals Division is charged with reviewing your case in a way that is impartial and fair. And, unlike a judge, the Appeals Division has a more flexible viewpoint and can offer compromises instead of simply ruling on the point of law. Appeals can recognize that there are gray areas.
Q. I have a case currently in Appeals, but I think that the Appeals official has been communicating with the IRS’ examination division behind my back. Is that allowed? What can I do?
A. By law, Appeals cannot conduct “ex parte communication,” or communication with other parts of the IRS about your Appeals case, without your knowledge. The ex parte rule is intended to help maintain the integrity of the Appeals process. If you believe that the ex parte rule has been violated, you need to bring it to the attention of the Appeals officer’s supervisor. If ex parte communication has occurred, you will receive complete information on the communication that took place, and your case may be reassigned.
Q. If I take my case to court, can I change my mind and go to Appeals instead?
A. No. Once your case is in the courts, Appeals cannot help you. In most instances, you should exhaust all of your other options before proceeding with a court case.
Q. Is the standard Appeals process my only option for resolution of my dispute, other than court?
A. Other than the standard Appeals process, other options for dispute resolution are available. These include fast-track settlements, post-appeals mediation and arbitration.
Q. What are my options for authorizing other people to represent me with the IRS?
A. There is a wide range of third-party authorizations available to help you with representation in all sorts of federal tax issues. To highlight just a few of these options, you can authorize your tax practitioner in writing using the Power of Attorney, Tax Information Authorization or Third-Party Designation, or via telephone using the Oral Tax Information Authorization or Oral Disclosure Consent. Each authorization has its own unique requirements and limitations, and several publications are available for more complete information. Check out the IRS Web site at www.IRS.gov for details, or talk to your tax practitioner.
Remember, an accounting professional can help you with this and other tax issues you may encounter. Just email us at tax@yyconsulting.com.