Tax Appeal Guide – Disputing IRS-FTB-EDD-CDTFA-BOE Actions

If the IRS or your state government agencies, FTB, EDD, CDTFA, BOE, has threatened you or your business with tax levy or lien or if disputing an audit, you can hire our representation that will protect your rights during the appeal process. Unfortunately, not enough taxpayers realize that they can hire the right firm with the specialized knowledge, experience, and skill-set to represent them during this tiring process.

Appeals Conference

The IRS and or the state has an Appeals Office which handles this type of dispute. It is an office which is separate from the agency itself, so it can provide a neutral, fair and unbiased result. This means that if the IRS or the state has made a change to your tax form, such as not allowing a specific deduction, then you can appeal through the office to dispute the change. The appeal means that a conference will be held to determine if the actions by the IRS, or, FTB, EDD, CDTFA, BOE were warranted.

The conference itself is rather informal in which an officer assigned to the case will settle the dispute in a similar fashion to a judge in a courtroom. Remember that you can have representation by your side in such matters, as long as they are authorized to practice before the IRS such as an Enrolled Agent, Certified Public Accountant (CPA) or tax lawyer. If the settlement officer decides in favor of the IRS, you can file suit in tax court and have the matter decided there.

How to Begin: To get a hearing regarding a levy and or lien, or equivalent hearing, a form 12153 CDP collection due process, or CAP, or you will need to write a letter of protest. Your letter must include the following;

  • Copy of IRS Notification
  • Relevant Tax Years Concerning Dispute
  • Personal Contact Information
  • Affirmative Statement Requesting Right of Appeal
  • Statements of Facts and Law that Support your Position

During your dispute, appeal conference you must be ready with your particular story, facts, circumstance, tax law, and argument summary to why the IRS or the state should reconsider their position.

Get a free evaluation today at 1-877-788-2937.

Tax Court

If the appeals officer finds in favor of the IRS, you can challenge that determination in tax court. This can be accomplished in two ways;

  • Pay the tax and file for a refund in US District Court or Court of Federal Claims
  • Do not pay the tax and go to US Tax Court

While you do not have to hire a lawyer to represent you, it is recommended because they understand the protocol, law and can best protect your rights.

Collections of Tax Debt

If you lose the case, then the IRS will start collections for the unpaid tax debt itself. While you can no longer dispute the debt, you can challenge how the debt is collected. For example, if the federal government puts a lien on your property, you can get a hearing to dispute that method after receiving written notification that the lien is being put into place.

Advance notice by the IRS is also required if they decide to garnish your wages or freeze and levy your bank accounts. If they fail to provide proper notice or violate any other law associated with this procedure, you can appeal that as well. While this will not remove or lower the tax debt you owe, it can delay collection action.

With the proper representation, we can negotiate an alternative resolution in lieu of enforcement collection actions, or full payments. We can structure partial pay agreements, direct debit payment plans and OICs – offer in compromise settlements.

Get a free evaluation today at 1-877-788-2937.

IRS and State Audits

The notification of an audit, especially by the IRS, or, FTB, EDD, CDTFA, BOE, can be an uncomfortable event in your life. Keep in mind that while many audits are triggered by a specific circumstance in your tax returns, the IRS and the state also performs randomly-generated audits. This means that your tax returns may be perfectly fine, but the IRS or the state is required to look them over regardless.

Types of Audits – Appeal & Dispute

There are different types of audits from the IRS. Depending on what type of audit is being performed, you may consider our representation firm to even the odds. Also, hire a representation firm if you wish to dispute and appeal.

  • By-Mail: Normally, this type of audit does not require excessive representation, simply a well drafted, documented response stating tax law to support your position.
  • Random: You may need representation depending on the state of your tax returns.
  • In-Office: You will need representation as this concerns specific issues.
  • Field: You will definitely need representation because of a major issue with your tax returns.

A By-Mail audit is when the IRS has a question or two that you can reply to in the mail. If it is straightforward enough, such as missing form or question that isn’t filled out, there is no need to hire a representation firm at that point. The same may be true of a random audit if your tax returns are free of errors or you’re not missing documentation.

However, there are good reasons why representation works for you when your tax returns are subject to an in-office or field audit by a TCO, examiner or revenue agent.

Explaining the Process: Most of the fear and trepidation associated with an audit, especially one from the IRS, happens because taxpayers do not understand the process. The fear of the unknown can be quite strong and unsettling. That’s why having someone by your side who is experienced in such matters can make all the difference. We provide a calming presence, so that you can get through the audit with minimal difficulty, specially that you do not have to meet the auditor yourself.

Protect Your Rights: First and foremost, an experienced Enrolled Agent, attorney or CPA knows the tax code and will do everything possible to protect your rights when an audit occurs. By choosing to have the proper representation, your rights will be respected during the entire process.

Providing Guidance: Enrolled Agents, CPAs and tax attorneys are there to explain what is happening and your options, so you can make the best-informed decision about what to do next. This means that the choices you make will work best in your favor thanks to the guidance that is provided.

Correcting Potential Mistakes: Another reason why representation is beneficial is that any potential mistakes can be seen quickly and corrected. In fact, you should talk to us, an Enrolled Agent, CPA or tax attorney before you contact the IRS, or, FTB, EDD, CDTFA, BOE when receiving notification of an audit.

Going through an audit may not be pleasant, but it can be done with less fear when your hire the best representation firm to guide you through the process. Once you understand the type of audit being performed, then you can make the best-informed decision about what to do next.

Get a free evaluation today at 1-877-788-2937.

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Mike has given us peace of mind! He helped negotiate down a large balance and get us on a payment plan that we can afford with no worries! The stress of dealing with the IRS is huge and Mike helped us through it all. The peace of mind is invaluable, thank you Mike! April S.
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Mike Habib - Thank you for being so professional and honest and taking care of my brothers IRS situation. We are so relieved it is over and the offer in compromise process went just as you said. Mike is very professional and will give you honest answers to the OIC process and you can really trust him. You won't be sorry you chose him! Joe and Deborah V.
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Mike is a true professional. He really came thru for me and my business. Dealing with the IRS is very scary. I'm a small business person who works hard and Mike helped me see that they are not that scary after all. He was always there with the answers I needed and was very good about calling me back which I appreciated since your first reaction is to freak out and ask a million questions. He solved a messy case and worked very hard to resolve it. His rates are VERY reasonable for the amount of work he does! I give him my highest recommendation! Marcie R.
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