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Ronald Cutler, P.A. Ronald Cutler P.A.
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Challenging the IRS


Taxpayers have a number of different rights when it comes to dealing with the IRS, one of which is the right to challenge the agency’s decisions. This right can prove crucial in helping taxpayers avoid unfair decisions and penalties. How a person goes about exercising this right, however, may vary depending on his or her situation, so if you disagree with a recent IRS decision, it is important to speak with an experienced Florida tax & IRS attorney who can evaluate your case and advise you accordingly.

How Can I Challenge the IRS?

The right to challenge the IRS means that taxpayers can object to formal or proposed IRS actions, have the right to receive timely responses from the IRS, and are always allowed to provide additional documentation to the agency in support of their position. Exercising the right to challenge the IRS can take a variety of forms. If, for instance, the IRS notifies a taxpayer of clerical or mathematical error on a tax return, the taxpayer:

  • Has 60 days to tell the IRS that he or she disagrees with the agency’s position;
  • Has the right to provide the agency with copies of any records that can help correct the error;
  • Can call the number listed on the IRS notice for assistance;
  • Can expect the IRS to consider his or her objections in a timely manner; and
  • Can expect the agency to make adjustments and corrections if deemed appropriate.

If the IRS agrees with the taxpayer’s position, it is required to make the necessary changes and eventually send a corrected notice to the taxpayer. Fortunately, even if the IRS disagrees with the taxpayer’s arguments, that individual will still have options when it comes to challenging the agency. Taxpayers who disagree with the results of an audit, for example, and who submit documentation or an official objection can file a petition with the U.S. Tax Court before they will be required to pay the tax. Similar options are available to taxpayers who wish to appeal a levy or lien that has been placed on their property by the IRS.

Filing an Appeal

If the IRS doesn’t agree with a taxpayer’s arguments, that individual still has the right to officially challenge the agency’s position by filing a petition with the U.S. Tax Court within 90 days. Similarly, when the IRS notifies a taxpayer of a levy on a bank account or other asset, he or she will have the opportunity to request a hearing in the Office of Appeals where a judge will make a decision on the legitimacy of the agency’s action.

Call Our Legal Team Today

If you have questions about your own rights to challenge the IRS about an agency decision, whether in regards to a levy, lien, tax return, tax penalty, audit, or other tax matter, please call experienced tax law attorney Ronald Cutler, P.A. to learn more about your legal options. You can set up a free consultation with a member of our legal team by calling 386-490-9949 or by sending us an online message today.


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