Many businesses that have had an adverse experience with the IRS may wonder whether there is anything that can be done to verify whether their tax bill is actually correct. They may have questions about the IRS’ calculations and may want to challenge them. To do so, you may have to file an appeal.
The IRS Office of Appeals handles taxpayers’ challenges on assessments if they disagree with them. Appeals meetings are informal conferences where a representative will provide a review of your situation, ostensibly with a fresh, objective perspective. The IRS maintains that many tax disputes are resolved through this process, and it does not require a hearing before a Tax Court judge.
The appeals process takes some time. The IRS claims that it may take between 60 days and one year, depending on the facts and circumstances in your case.
While the process may seem like an enticing method of resolving a tax dispute, it may not be the best way to find a legal remedy. After all, this process essentially calls for the IRS to reverse itself, which may not be likely given the incentive for it to collect taxes based on its view of the law.
Perhaps a better way to challenge an adverse tax decision would be to bring suit directly in Tax Court. This may be especially important if the issue involves an area where little, if any, case law exists to direct a court to make a decision.
If you have questions about tax appeals or what route would be best for you, an experienced attorney can help.
The preceding is not intended to be legal advice.