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Music the Jones day approach to dealing with the IRS is four stages and I like to consider them for acts of a play the first act is the examination function and that is more of the fact-finding mission of the IRS but if you go unag read then you got to move on to act two of the play and that's dealing with the IRS office of appeals and that's where I'd like to talk now when you're dealing with the IRS office of Appeals you need to understand they have one mission and their mission is to resolve tax controversies with taxpayers without litigation and on a basis that is fair to both parties Appeals is independent of exam and so this is someone who will look at your case and look at your facts and come up with a fair settlement for both parties how do they do that they do it based upon a standard that I wish is defined but it's not and that is hazards of litigation for both parties so that's the theme throughout dealing with the office of appeals so what do they do I consider Appeals officers administrative law judges they look and they weigh the evidence and they analyze the law to try to come up with a fair split among the parties and who are those parties that's exam and it's the taxpayer so the first thing that a lot of people ask is well wait a minute it's IRS office of Appeals so aren't they just going to be talking to the examiner the whole time and getting their input and I'll never get a fair and impartial appeals process the answer that is no that Congress specifically came out with rules years ago that said that there could be no ex parte communications between the Appeals officer and the examination function so to the extent that you submit facts and legal analysis to the appeals officer that appeals officer is generally prohibited from now taking that back to the examination function for further analysis one of the misperceptions that are out there is that there's only one avenue to Appeals and that is I get through my examination we're unag read and now I get a third letter from exam which will include their summary of the facts their summary the law it's often referred to as a revenue agents report and I then have 30 days to prepare a protest which will point out all of the places where I challenge the facts and I challenge the law and then that protest goes up to Appeals but exam gets to rebut the analysis that I did most people go that route however it is not the only option and this option has to be discussed and that is at the end of the examination function you look and you say do we want to lock the IRS into the position that they have now and.