Can I Appeal an IRS Decision?

admin • Apr 12, 2021

You can appeal most decisions the IRS makes.  The IRS has avenues in place for protecting taxpayer rights, and the ability to appeal one of their decisions is included among those protections.  Do not fret if you get a final decision from the IRS on your case, there are usually options open to you.  

You have many rights when you come up against the IRS.  Sometimes you need help enforcing those rights because there are intricacies that only knowledgeable tax attorneys with IRS case experience understand.  When you need help with the IRS, call a Sarasota, Florida IRS Attorney.  

The IRS instituted something they call the “Taxpayer Bill of Rights” which consists of 10 rights that taxpayers have when dealing with the IRS.  They exist to assist people when they are having issues with the IRS.  

This article discusses the fifth right of the 10 rights – “ The Right to Appeal an IRS Decision in an Independent Forum .”  

If you have more questions after reading this article, then The Law Office of Mary E. King, P.L. can make sure that your tax planning and other issues are resolved efficiently and at the lowest cost to you.  Please fill out our online contact form , or call us at 941-906-7585 today.

The Right to Appeal an IRS Decision in an Independent Forum   

If the IRS claims that you owe them money and you disagree, there are avenues in place for you to have discussions about, and dispute, the amount they demand you pay to them.  We have explored portions of the “Taxpayer Bill of Rights” in earlier articles in which we explain some of your rights around these initial disputes.  

But the question then is, what if I can’t resolve my dispute with the IRS in the beginning stages of discussions with them ?  If that is the case, then you have to take it one step further.  It is not uncommon for people to need to take that step.  The IRS has guidelines for the proper ways to appeal their decisions.  These appeals are meant to be independent of the initial IRS’s decision and reasonings.   This can be through the IRS Appeals process, filing an action in Tax Court, filing an action in a United States District Court, or filing an action in the United States Federal Court of Claims.

1. The Independent Office of IRS Appeals

There is an “Independent Office of IRS Appeals” which is completely separate from the section of the IRS that you will deal with before you need to file an appeal.  This means that the Appeals Office will not discuss your case with the section of the IRS that made the initial decision about your dispute.  This is what is meant by “independent.”  They strive to ensure it is not affiliated with the initial decision makers.  This is to present a face of impartiality by the Appeals Office.

2. Taking Your Dispute to Tax Court

One of the letters the IRS sends to people who owe money is called a “Statutory Notice of Deficiency” which spells out what taxpayers owe to them.  These letters are what they will send to you once they are through discussing your case, and issue their final decision.  That letter means you can then file your petition with the United States Tax Court as a next step.  This is a pretty intensive process which you will need an attorney for, and if you are considering this step, contact a Sarasota IRS Attorney to discuss your case.

3. Can I Dispute My Claim Through Other Courts?

This taxpayer right of “The Right to Appeal an IRS Decision in an Independent Forum” also means you can file certain claims against the IRS in a United States District Court or the United States Federal Court of Claims.  These types of claims generally include something referred to as a “refund suit” where you ask the court to order the IRS to give you a refund you believe they owe to you.  This can be for various reasons which are best discussed with a Sarasota IRS attorney.

A Sarasota IRS Attorney will Help You Understand Your Appeal Rights  

To conclude, the “The Right to Appeal an IRS Decision in an Independent Forum” offers several different avenues to appeal an IRS decision with which you disagree.  If you are having trouble with the IRS, a Sarasota IRS attorney will help you with your appeals process.

Consider reaching out to the Law Offices of Mary E. King for help.  Tax matters can be complicated, and thus, it is always helpful to have someone in your corner who understands the tax law and deals with the IRS on a regular basis.  Indeed, beyond just the tax laws, there could be other issues with which a seasoned tax attorney can help.  

So, when it comes to dealing with tax questions, tax relief, and tax litigation, you need to talk to Sarasota IRS Lawyers who can help.  Mary E. King has spent her career concentrating in tax law and can help you in Florida and elsewhere.  Attorney King has a wealth of information about what types of options would make the most sense for you or your business.

That helps explain why she’s received an A+ rating from the Florida Better Business Bureau. If you have a tax related issue – no matter how small or how large – setting up an initial consultation with Mary E. King, tax lawyer of Florida, is the first step you should take towards relief.

The Law Office of Mary King P.L. offers complete IRS problem-solving services in Sarasota, Florida including all areas from tax debt settlement to planning the most efficient tax strategy for individuals and businesses.  Call us today to schedule an initial consultation.  With years of experience as Sarasota IRS Lawyers for many clients, Attorney Mary E. King can make sure that your tax issues are resolved in your favor.  Fill out our online contact form , or call us at 941-906-7585.   Remember, at the Law Office of Mary E. King, we are focused on solving your tax issues for good.

The information in this blog post is provided for informational purposes only and is not intended to be legal advice.  You should not make a decision whether or not to contact an attorney based upon the information in this blog post.  No attorney-client relationship is formed nor should any such relationship be implied.  If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.

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