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Audit Representation

Navigating IRS Audits: The Importance of Professional Representation 

Facing an IRS audit can be an anxiety-inducing experience for anyone. The prospect of a thorough examination of your financial records, deductions, and credits can be overwhelming. It’s essential to understand the rigor of IRS audits, the IRS’s inclination to disallow claimed deductions, and why having professional representation, such as a tax attorney or enrolled agent, who understands the tax code, is crucial in resolving the audit process. 

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The IRS Audit Process 

IRS audits are comprehensive examinations of a taxpayer’s financial records and tax returns. They are conducted to ensure that taxpayers are accurately reporting their income, deductions, and credits in compliance with tax laws. While not every tax return is subject to an audit, the IRS employs various methods to select returns for examination.  

Undergoing an IRS audit can be a daunting experience, but understanding the process can help alleviate some of the anxiety. Here’s a detailed overview of the steps involved in an IRS audit: 

  1. Selection: Audits can be triggered in various ways, such as through random selection, computerized screening of tax returns, or specific red flags like discrepancies between reported income and third-party information. The IRS will notify you by mail or, in rare cases, through a phone call or showing up at your home or business location.
  2. Notification: You’ll receive an official notice from the IRS informing you about the audit and specifying which tax return years are under review. The notice will outline the type of audit (field, office, or correspondence) and the IRS contact information. This allows their “foot in the door” and if the selected years are not handled correctly, can lead to the opening of further tax years for audit.
  3. Preparation: Once notified, it’s important to gather all relevant documents, including receipts, financial records, bank statements, and any supporting documentation for deductions or credits claimed on your tax return. Organizing your records is crucial for a smooth audit process. Unorganized documents could lead to disallowed deductions as the IRS agent may be prone to overlooking supporting evidence.
  4. Initial Contact: If the audit is conducted via mail (correspondence audit), the IRS will provide instructions on which documents to submit. If it’s an office or field audit, you’ll receive a call or visit from an IRS auditor who will explain the process and request necessary documents. It’s important to note that the IRS will always reach out via mail first, regardless of the type of audit.
  5. Examination: The IRS auditor will review your tax return line by line, comparing the information on your return with the supporting documents you provide. They may ask questions to clarify discrepancies or request additional records. Depending on the documentation provided, they may open additional years for review as well.
  6. Findings: After the examination, the IRS auditor will communicate their findings to you. This can result in one of three outcomes:
  • No Change: If the IRS finds no discrepancies or errors, your tax return remains unchanged. 
  • Agreed Changes: If you and the auditor agree on adjustments to your tax return, you’ll need to sign an agreement accepting the changes. 
  • Disagreement: If you disagree with the auditor’s findings, you can request a conference with their manager or appeal the decision. 
  1. Resolution: If adjustments are made and accepted, you will receive a closing letter detailing the changes and any additional taxes, penalties, or interest owed. Payment arrangements can be made if necessary. Alternatively, there may be other resolution options available to prevent you from paying the balance in full or a reduction in penalties assessed.
  2. Appeals: If you disagree with the audit results, you have the right to appeal the decision. This involves presenting your case to an independent IRS Appeals Officer who will conduct a fresh review of your audit.
  3. Final Determination: The Appeals Officer will issue a final determination, which you can either accept or challenge in Tax Court.
  4. Tax Court: If you choose to challenge the IRS in court, you’ll need to file a petition in the U.S. Tax Court within 90 days of receiving the notice of deficiency. The court will review your case, and a resolution will be determined through the legal process.

It’s important to note that audits can vary in complexity and duration. While some are resolved relatively quickly, others can take several months or even years. Throughout the audit process, maintaining open communication with the IRS and seeking professional representation, such as a tax attorney or enrolled agent, can be instrumental in ensuring your rights are protected and that you achieve a fair outcome. 

 The IRS’s Disallowance Tendency 

One critical aspect of IRS audits is the agency’s inclination to disallow claimed deductions or credits. When the IRS examines a tax return, their primary objective is to identify any discrepancies between what was reported and what they believe should have been reported. In this pursuit, the IRS tends to adopt a conservative stance, aiming to maximize tax revenue by minimizing deductions and credits. 

For example, if you claimed a significant business expense deduction on your tax return, the IRS may scrutinize every detail of that expense. They may request invoices, receipts, and documentation to substantiate the expense’s validity. If any part of the documentation is incomplete or appears questionable, the IRS may disallow the deduction, resulting in a higher tax liability. 

The Role of Professional Representation 

Navigating an IRS audit can be a complex and daunting process. Having professional representation, such as a tax attorney or enrolled agent, is invaluable for several reasons: 

  1. Expert Knowledge of the Tax Code

Tax attorneys and enrolled agents have a deep understanding of the tax code and its intricacies. They are well-versed in tax laws, regulations, and court rulings, allowing them to interpret complex tax issues accurately. This knowledge is essential when defending your position during an audit. 

  1. Experience in Dealing with Audits

Tax professionals have experience in dealing with IRS audits. They know what to expect, how to respond to IRS inquiries, and how to present your case effectively. Their experience can help streamline the audit process and reduce stress. 

  1. Effective Communication

Tax attorneys and enrolled agents can act as intermediaries between you and the IRS. They can communicate with the IRS on your behalf, ensuring that all requested documentation and information are provided promptly and accurately. This helps avoid misunderstandings and delays. 

  1. Advocacy for Your Best Interests

During an audit, the IRS may attempt to disallow deductions or credits that you believe are valid. Tax professionals can advocate for your best interests, presenting compelling arguments and supporting documentation to defend your position and minimize potential tax liability. 

  1. Resolution and Negotiation Skills

If discrepancies are found during the audit, tax professionals can negotiate with the IRS to reach a fair and reasonable resolution. They can explore options such as installment agreements, penalty abatements, or offers in compromise, depending on your circumstances. 

Conclusion 

IRS audits are rigorous examinations that aim to ensure taxpayers comply with tax laws. The IRS tends to initially disallow deductions and credits, maximizing tax revenue. To navigate this challenging process effectively, representation by a tax attorney or enrolled agent is essential. These professionals bring expert knowledge of the tax code, experience in dealing with audits, effective communication skills, and advocacy for your best interests. 

Facing an IRS audit can be less daunting with professional representation on your side. It not only helps protect your financial interests but also ensures that you receive fair treatment and resolution options. When it comes to IRS audits, having a knowledgeable advocate in your corner can make all the difference in achieving a favorable outcome. 

Why Choose Hood Tax Resolution? 

When it comes to resolving tax problems, choosing the right partner can make all the difference. Hood Tax Resolution stands out as the ideal choice because of our seasoned team of tax attorneys and enrolled agents, with decades of invaluable experience. Our team possesses an in-depth understanding of tax laws, regulations, and State Tax procedures, enabling us to craft strategic, personalized solutions for every client. We’re not just about resolving tax issues; we’re committed to protecting our clients’ financial well-being and ensuring a brighter financial future. With Hood Tax Resolution, you’re not just hiring a team; you’re securing peace of mind and a clear path toward tax resolution. We have helped thousands of clients across the nation and are ready to help you put your tax problems in the rear-view mirror. 

Has the IRS or State selected you for audit? Don’t face it alone – contact our team today for your free initial consultation! 

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