Adjustments Stemming from IRS Settlements

Generally, when it comes to civil matters, state and Federal law includes various “statutes of limitations” and “discovery rules.” The statute of limitations rules say that a claim has to be filed within a certain time period. The discovery rules say that the time period for the statute starts to run when the claim is…

New IRS Appeals Procedures for Tax Controversies

The IRS administrative function plays a critical role in our tax administration system. The appeals process settles a majority of all tax disputes. It does so using processes and procedures that have developed over many years. To the uninitiated who have not experienced the IRS appeals process, the process can be confusing and, unfortunately, the…

Getting the IRS to Pay for Your Tax Attorney

Getting The Irs To Pay For Your Tax Attorney

An IRS audit or notice comes with a cost for the taxpayer who receives it. The cost can include additional tax, interest, and even penalties. Even if the taxpayer did everything correctly, the IRS audit or notice still comes with a cost. The cost can include the time and effort the taxpayer has to expend…

How to Contest an IRS Settlement Agreement

How To Contest An Irs Settlement Agreement

What happens if the IRS enters into a settlement agreement for your tax liability and then, later, it takes a position that is inconsistent with the agreement? For example, can the IRS agree that an expense is deductible by your business only to say that the same is expense is taxable income to you as…

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An Impartial IRS Office of Appeals

An Impartial Irs Office Of Appeals

While IRS auditors and IRS attorneys typically focus on imposing the most tax possible, the IRS Office of Appeals does not. Appeals is tasked with settling cases. In doing so, Appeals is supposed to be impartial. This allows Appeals to ‘get it right.’ The recent Onyeani v. Commissioner, T.C. Memo. 2020-15 provides an opportunity to…

IRS Appeals Guidance on In-Person Conferences

Irs Appeals Guidance On In-person Conferences

The IRS Office of Appeals has been making changes to how it conducts appeals conferences.  In this past few years, these changes have made it difficult to obtain an in-person conference.  The IRS recently issued interim guidance AP-08-1118-0013 to authorize appeals to allow for more in-person conferences. About the IRS Office of Appeals The IRS…

Court Says No Legal Right to IRS Appeals Review

Court Says Partnership Is Worth Less, Not Entirely Worthless

Note: This article was not updated to account for the Taxpayer First Act. The Taxpayer First Act basically reversed this court case. Does the Taxpayer Bill of Rights create a legal right to have a tax dispute considered by the IRS Office of Appeals?  The court recently addressed this question in Facebook, Inc. v. Internal Revenue…

IRS Appeals: New Evidence & Theories

Irs Notice Of Intent To Levy Sustained Despite Irs Not Following Its Procedures

The IRS released a memo describing Phase II of the Appeals Judicial Approach and Culture (AJAC) program. This program is intended to formalize many of the best practices of the IRS Office of Appeals (Appeals). Tax disputes often end up in Appeals. Appeals is able to successfully resolve or settle most cases. The Appeals process…

About IRS Appeals AJAC Project

Irs Closing Agreement Valid Even If Not Reviewed By The Joint Committee On Taxation

The IRS Office of Appeals just released a memo describing its changes pursuant to its Appeals Judicial Approach Culture (AJAC) project.  These changes do not really break new ground, but they address a few key issues that are often in dispute in appeals cases. About the IRS Office of Appeals The IRS Office of Appeals is…