At any given opportunity, the IRS will assess a tax on anything considered taxable, if you allow them to do so. The IRS doesn’t carry the responsibility of informing or making you aware of your rights. It is your responsibility to know them. Because of this, perhaps one of the most overlooked rights you possess as a taxpayer is your right to appeal any IRS ruling or judgment against you. If you choose to pursue IRS appeals, you need to have your research done and know how to pursue your appeal correctly.
Filing an IRS Appeal
The advantages of filing an appeal are clear, whether the appeal you file is accepted or not.
- The process can be a lengthy one, and while the appeal is being processed, all efforts toward collection of the judgment against you will be delayed.
- This can buy you the time you need to calculate your next move, or give you the needed time to raise the money to pay the judgment against you in full.
Who Should File For an Appeal?
The right to appeal is given to anyone who objects to a judgment or assessment made by the IRS. An appeal shouldn’t be filed simply because the IRS sends you a written audit, as an audit is simply an inquiry into a specific item on a return and no judgment has been made yet. In addition to your right to appeal, you have the right to ask for leniency in any IRS judgment, meaning you basically admit to a mistake or wrongdoing and are placing yourself at the mercy of the IRS. If your misstep is not a gross violation of tax law, the IRS may substantially reduce the penalty assessed for your violation.
The Appeal Process
There is a specific code to follow when filing an appeal on an IRS judgment. The Internal Revenue Service is a very document-oriented administration, and if your paperwork is filed incorrectly or out of order, this can delay the appeal process greatly. Though they don’t have to remind you of your rights, they can’t withhold the information from you should you have to ask, either.
Getting Help
If you are in a situation where you are considering filing a formal appeal against a judgment against your tax return or a judgment made after an audit, contact your local administration office and obtain all of the information you need in order to feel comfortable filing your appeal. It is at this time you should get the help of a professional tax attorney who can help you to deal with the IRS and its rules throughout the appeals process.
