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Jacksonville Florida Form 12203: What You Should Know
If your appeal is turned down, you can ask for a “substitute decision” that would be issued in the same form and manner of the actual decision to deny. The difference being that instead of your letter to the tax office you would be sending back a copy of the original document that you want the IRS to consider for review. This “substitute” decision isn't an opinion and is required by the law (Sec. 12503(a)) but is used to avoid people “staggering.” As long as you explain why you aren't satisfied, the IRS is bound to consider your case based on your written request. If your request is denied you have an option of going through another IRS office to review the decision and then taking action yourself in court. There are only two ways a taxpayer has to take an appeal of an IRS decision. You can file a Notice of Waiver or Appeal With Right of Appeal and in those situations the tax officer must consider your request and either turn it down or consider it for a replacement letter. This process generally takes several weeks and is time-consuming. You cannot submit the original letter that you want the IRS to consider as evidence in your appeal, which means you have to make an appeal request to the IRS after you have sent the original. The other way, and usually the fastest, is to make a separate paper request each time and ask you ask the IRS to consider the letter in your appeal. The reason they can make a paper request for reconsideration is the IRS is bound by regulations at Sec. 6103, which says that the agency “may grant an appeal based upon the written statement of a taxpayer if the appeal is properly made and supported by all necessary supporting information and the letter has not been revoked.” The IRS is usually only going to reconsider a case if it is made at the request of the taxpayer, and they provide all necessary supporting information to the agency. That's why the paper request makes it quicker for the IRS and the taxpayer than the Notice of Waiver/Appeal With Right of Appeal does. If the IRS does not reconsider your appeal it is because they “excessively and unjustly” rejected it, and you will have to follow the other steps, usually taking 10 or more business days. Also, the IRS will review the request to re-confirm that it is made correctly; to prevent a “staggering” situation.
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