IRS Appeals Representation

 

When the auditing process concludes, the IRS will send you a notification letter explaining its findings and any changes proposed to bring you back into compliance.  If you agree with these changes, you can simply pay the amount you have been assessed, sign an agreement form, and wash your hands of the matter.  However, if you do not agree with the audit's conclusion and subsequent IRS recommendations, you should know that you have the right to appeal and have experienced IRS appeals representation.

Unfortunately, the Appeals process can become very complex, and in some cases can even necessitate litigation in Tax Court.  Working with an experienced attorney-CPA can help maximize your chances of making a successful appeal, while resolving your tax liabilities as efficiently and cost-effectively as possible.  Your representative can assist you in preparing the strongest protest letter possible, and may be able to negotiate a favorable compromise on your behalf. At the Tax Law Offices of David W. Klasing, I help business and individual clients appeal Internal Revenue top tax attorney service audits and other IRS actions.
I am a Certified Public Accountant and combine my knowledge of Orange County tax law with more than 20 years of experience in taxation and a master’s degree in taxation. I represent clients throughout Orange County and surrounding areas. To arrange for a reduced-rate initial consultation with an IRS appeals lawyer, call us at 800-681-1295 today.

If you are unhappy with the results of an audit, interest and penalties on taxes, or another IRS decision, I will provide skilled representation before an appeals officer. With strong advocacy skills as an attorney, I will work to reduce your tax liability and help you avoid litigation.

Have a Nationally Recognized Tax & IRS Appeals Lawyer on Your Side

 
One of my advantages to you as an attorney in IRS appeals is that I had no involvement in the preparation of the original tax return. Because of attorney-client privilege, I cannot be forced to become a witness against you where your previous preparer could possibly be subpoenaed to testify against you.

Our Irvine tax law office has developed national practice as to federal income tax issues administered by the IRS, so no matter what state you are from, if you are presently under audit or considering filing an appeal, we can help provide an effective defense by simply moving the audit or appeal to an IRS field office local to one of our offices.
Few attorneys are competent to handle the complexities of taxation within the context of an audit or an appeal. It is sometimes said that while the focus of an accountant is accuracy, the focus of an attorney is advocacy. Our Office’s expertise and training combines both fields: We place a premium on both accuracy and client advocacy.
I will make sure all your paperwork is in order and, with my legal training, will be in a prime position to assess the strengths and weaknesses of your case. I can help you appeal IRS tax audits of tax returns or other IRS decisions involving:
  • Income taxes
  • Payroll taxes
  • Corporate taxes
  • Estate and gift taxes
  • Excise taxe
  • Property taxes
  • Sales and use taxes

Appeals

Many taxpayers find themselves unsatisfied with the results of an audit, interest and penalties on taxes, or another IRS decision. I will provide skilled representation before an appeals officer. An essential element of having a successful outcome in the appeals process is to have detailed and organized records. Utilizing my extensive training and experience, I will make sure you’re your documents are in order and that you are in the best position to prevail at the appeals stage. Dealing with the IRS’s Office of Appeals can seem daunting, but I bring strategic insight to the process.

If you do not agree with your auditor's findings, you do not have to accept the results of the examination, and may request to appeal instead.  However, there are two important points to note here:
  • Appeals are available on the basis of financial disagreement only, and you will not be permitted to pursue disputes which are "based on moral, religious, political, constitutional, conscientious, or similar grounds."
  • You must request an appeals conference by filing what is known as a formal written protest.  This is the next step after you receive Letter 525, which "contains information and lists IRS publications on how to file an appeal/protest.  You need to file your protest within 30 days from the date of this letter in order to appeal the proposed adjustments with the Office of Appeals."
In addition to other articles of information, this formal written protest must include:
  • The proposals you disagree with.
  • The reasons why you disagree with those proposals.
  • The facts which support your reasoning.
  • The relevant law or laws which support your reasoning.

As an experienced Orange County IRS appeals attorney and CPA can help you identify which statutes and precedents best substantiate your specific disagreements. It should also be noted that if the amount you wish to appeal totals $25,000 or less, rather than requesting a conference you may file a Small Case Request by submitting Form 12203.  However, the following are not permitted to file a Small Case Request:
  • Employee Plans
  • Exempt Organizations
  • Partnerships
  • S-Corporations
Once your request is received by your examiner, your case will be referred.  Many cases are able to be resolved at this stage of the process, with the IRS reporting, "Every year, the Office of Appeals helps over 100,000 taxpayers resolve their tax disputes without going to Tax Court."
However, if you are not able to reach a mutually acceptable resolution through a conference with your examiner's supervisor, there are additional steps to the process.  If a closing conference fails to yield an agreement, you may then petition U.S. Tax Court provided you do so within 90 days of being issued what is called a 90-day letter, or Notice of Deficiency (Letter 531).  It should be noted that there is a processing fee associated with filing the petition.  As an experienced litigator, David W. Klasing can represent you in Tax Court or before the California State Board of Equalization (BOE).

Appealing an IRS Collection

In addition to appealing the findings of an IRS audit, you may also appeal an IRS collection decision through the Office of Appeals.  Depending upon each individual taxpayer's set of circumstances, it may be possible to appeal the following:
  • Installment Agreements
  • Levies
  • Liens
  • Offers in Compromise
  • Seizures
As delineated in Publication 1660 (Collection Appeal Rights), there two procedures a taxpayer may initiate in order to appeal collection actions:
  • Collection Appeals Program (CAP)
  • Collection Due Process (CDP)

Collection Appeals Program

CAP is both broader in scope and typically more rapid than CDP, but should you disagree with a binding CAP finding, you have no additional recourse.  CAP is available for taxpayers subject to the following actions:
  • Levies and property seizures, before or after being initiated by the IRS.
  • Notice of Federal Tax Liens, before or after being filed by the IRS.
  • The rejection, termination or proposed termination, or modification or proposed modification of an installment plan.

Collection Due Process

CDP generally takes more time than CAP, but the benefit is that if you disagree with a decision, you have the option to go to court, and to be represented by an attorney or CPA.  CDP is available for taxpayers who have received the following:
  • Final Notice -- Notice of Intent to Levy and Notice of Your Right to a Hearing
  • Notice of Federal Tax Lien Filing and Your Right to a Hearing under IRC 6320
  • Notice of Jeopardy Levy and Right of Appeal
  • Notice of Levy on Your State Tax Refund -- Notice of Your Right to a Hearing
  • Post Levy Collection Due Process (CDP) Notice

If you wish to appeal the results of an audit or an IRS collection action, an experienced  IRS appeals attorney can help.  To schedule an initial consultation at a special reduced rate, contact The Tax Law Offices of David W. Klasing online, or call us right away at 800-681-1295.

IRS Tax Litigation

If you do not attain an outcome that is favorable through the appeals process, you can have your case heard by the United States Tax Court or the California Board of Equalization (BOE). I handle all types of tax litigation matters, including cases involving trust fund recovery penalties and disallowed business expenses.

If you are already in the collections process, you still may have an opportunity to be heard in court through a Collections Due Process Claim. I know it can be intimidating to deal with the Internal Revenue Service, the Franchise Tax Board, the Board of Equalization, and the Employment Development Department. I will keep you informed throughout the tax litigation process to help you reduce your stress.

Dealing with the IRS’s Office of Appeals can seem daunting, but I bring strategic insight to the process. Before becoming a lawyer, I was an auditor in public accounting for eight years.Whether you are appealing the IRS’s entire decision or only a ruling governing certain issues, I can help educate you about your options.

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