IRS Audit &
Appeals Procedures
Master the complete process of IRS examinations, taxpayer rights, and the appeals pathway from initial notice to Tax Court.
What Is an IRS Audit?
An IRS audit (formally called an examination) is a review of a taxpayer's return and financial information to verify that income, deductions, and credits are reported accurately under the Internal Revenue Code.
Three Types of IRS Audits
The Statute of Limitations
The IRS has a limited window to assess additional tax after a return is filed. These time limits are critical for both taxpayers and practitioners.
The Audit Process Flowchart
The 30-Day Letter
After an examination, if the IRS proposes changes the taxpayer disagrees with, the IRS issues a 30-day letter (also called a preliminary or proposed notice). This gives the taxpayer 30 days to respond.
The 90-Day Letter: Statutory Notice
The 90-day letter (Statutory Notice of Deficiency) is a formal, legal notice that the IRS intends to assess additional tax. It is the taxpayer's ticket to Tax Court.
30-Day vs 90-Day Letter
| 30-Day Letter | 90-Day Letter | |
|---|---|---|
| Formal Name | Preliminary Notice | Statutory Notice of Deficiency |
| Required by Law? | No (administrative) | Yes (\( \text{IRC } \S 6212 \)) |
| Response Deadline | 30 days | 90 days (150 if abroad) |
| Opens Access To | IRS Appeals Office | U.S. Tax Court |
| Payment Required? | Not yet | Not to petition Tax Court |
The IRS Appeals Process
The IRS Appeals Office is an independent division within the IRS. Its mission is to resolve tax disputes without litigation by considering the hazards of litigation for both sides.
Judicial Remedies: Three Courts
How to Navigate an Audit
Example: Correspondence Audit
Taylor receives a letter from the IRS questioning a \( \$5{,}000 \) charitable deduction claimed on Schedule A. The IRS requests documentation to support the deduction.
Example: Disagreement and Appeals
Jordan is audited and the IRS proposes an additional \( \$40{,}000 \) in tax. Jordan disagrees with the IRS's characterization of certain business expenses.
Example: Tax Court Petition
Alex receives a 90-day letter (Statutory Notice of Deficiency) proposing \( \$18{,}000 \) in additional tax. Alex cannot afford to pay upfront but wants to fight the case.
Common Mistakes to Avoid
Summary: Courts Compared
| Tax Court | District Court | Fed. Claims | |
|---|---|---|---|
| Pay First? | No | Yes | Yes |
| Jury Trial? | No | Yes | No |
| Judges | Tax specialists | Generalists | Generalists |
| Small Case Option | \( \le \$50{,}000 \) | N/A | N/A |
| Appeal Goes To | Circuit Court | Circuit Court | Federal Circuit |
Question 1 of 5
The IRS's general statute of limitations for assessing additional tax is:
Question 2 of 5
Which court allows a taxpayer to dispute a tax deficiency without first paying the disputed amount?
Question 3 of 5
A taxpayer receives a 30-day letter proposing \( \$35{,}000 \) in additional tax and penalties. To request an appeals conference, the taxpayer must:
Question 4 of 5
The 90-day letter (Statutory Notice of Deficiency) is significant because it:
Question 5 of 5
Which court is the only forum offering a jury trial for federal tax disputes?