IRS tax audit

The IRS conducts tax audits—referred to as examinations—by mail or in-person. Taxpayers are usually selected either randomly, by computer screening or due to a referral or an audit of a business partner or investor. Taxpayers have the option of working with the examiner directly, or with the assistance of a representative such as a tax audit defense lawyer.

Taxpayers who “have nothing to hide” may think that it will be easier to work with the examiner themselves. However, there are several reasons to consider retaining a tax attorney if you are being audited.

First, you should have a trained eye review all the information you give to the IRS. The IRS will request documentation in the form of receipts, bills, loan agreements, canceled checks, or many other types of documents. Before you hand everything over to the IRS, it’s a good idea to have an experienced tax attorney review everything. Some issues may not be easy to spot for a lay person without extensive tax knowledge or experience with IRS tax audits. If you give the IRS information that indicates that you have committed tax fraud or other tax violations, you may end up facing criminal tax charges and giving the IRS valuable evidence that incriminates you.

After an IRS examiner receives your documentation and makes a decision regarding proposed changes to your return, you have several options. You can sign the letter stating that you agree with the proposed changes, and then decide what payment method you would prefer to use, whether paying in full, applying for an installment agreement, or seeking an Offer in Compromise. If you don’t agree with the proposed changes, you should first try to negotiate further with the IRS examiner.

You may be able to persuade the IRS examiner of their mistake by providing additional documentation. You can also request a telephone conference with the examiner, where you or your tax attorney can explain your arguments.

If neither of these methods are successful, you may request an informal conference with the examiner’s manager. You may instead request that your case is sent to IRS appeals, which has the advantage of being an entirely separate department within the IRS. The appeals officers can evaluate the likelihood that the IRS will win your case if you end up filing a petition in Tax Court, and may decide to settle if it seems probable that you could bring a successful case.

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