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How long does irs appeal take Form: What You Should Know

Appeal Status — IRS Appeal status is determined by determining if a specific ruling of the Tax Court, the Tax Court of Appeals, or the Treasury Department applies to you. A Closer Look at IRS Appeal Process It's important for you to know these appeals and how they work. An Appeal for Relief From Tax Injustice. As part of determining the basis of your tax dispute (e.g. eligibility to file), the IRS will first review its record to determine if there is a “reasonable basis” to believe you have engaged in a tax violation. You might submit supporting information to the IRS along with your claim. The IRS will review your supporting documentation and take your claim seriously, based on your status before the Tax Court (analogous to the tax court decision of tax issues). The IRS might take up to two years from the date the ruling was issued (e.g. in 2015, the IRS made its decision based on information that was submitted in 2013). If the IRS finds that you have an “inability to pay,” you have a chance to appeal the IRS's initial finding that that is the case. If this appeal fails, the IRS will use an administrative law judge, a three-person court team, to review your tax matters. This can take up to five years to resolve. If the IRS finds that you can pay the tax you are assessed (or owe), you have a chance to appeal the IRS's first finding that you owe the tax, and could take up to three years to resolve. The IRS typically does not accept an appeal before the three-year period (except the two-year appeal window for non-payment). Filing an Appeal. An appeals case is filed by submitting a “Request For Review,” a request for an “Internal Revenue Service Appeals decision” from the IRS that is “reasonably conclusive to the best of the IRS's knowledge and belief.” In essence, the request for review is asking the IRS, “Can you give me a chance to prove or disprove something?” In most cases, you must have an “inability to pay” before you would need to file an appeal.

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Music: The Jones Day approach to dealing with the IRS consists of four stages. I like to think of them as acts in a play. The first act is the examination function, which is essentially a fact-finding mission conducted by the IRS. If you disagree with their findings, you move on to act two: dealing with the IRS Office of Appeals. This is where I'd like to focus on right now. When you're dealing with the IRS Office of Appeals, it's important to understand their mission. Their goal is to resolve tax controversies with taxpayers without resorting to litigation, and they strive to achieve a fair outcome for both parties. The Office of Appeals operates independently from the examination function. They carefully examine your case and the relevant facts to come up with a fair settlement. However, the standard they use to determine fairness, known as hazards of litigation, is not clearly defined. So, what exactly do Appeal officers do? I like to think of them as administrative law judges. They review and analyze the evidence and apply the law to find a fair resolution between exam and the taxpayer. Some people may question whether the Office of Appeals is biased in favor of the examiner. However, Congress has put rules in place to prevent any biased communication between the Appeals officer and the examination function. The Appeals officer cannot share any information submitted by the taxpayer with the examiner for further analysis. There is a common misconception that the only path to Appeals is through the examination function. In this scenario, after receiving a third letter from the examiner, known as a revenue agent's report, the taxpayer has 30 days to prepare a protest highlighting their disagreements with the facts and the law. This protest is then sent to Appeals for review....