Guide · Tax

Handling an IRS Audit and Tax Controversy: A Comprehensive Guide

26 U.S.C. § 6001

Type
Guide
Jurisdiction
National
Date
2024-02-13
Topic
Tax

An IRS examination is not a conversation; it is the opening phase of litigation that has not been captioned yet. This guide walks the entire arc of a federal tax controversy — how returns are selected, the three audit types, the Information Document Request and how to answer it, representation under Circular 230, and the privileges that do and do not exist in tax practice, including the Section 7525 practitioner privilege and its tax-shelter exception, the work-product doctrine, and the Kovel arrangement. It then follows the case forward: the Revenue Agent's Report, the 30-day letter, the Independent Office of Appeals, the statutory notice of deficiency, and the forum choice between the United States Tax Court (no prepayment) and the district court or Court of Federal Claims (pay first, sue for refund) under Flora v. United States. It covers burden of proof under Section 7491, accuracy-related and fraud penalties with their reasonable-cause and substantial-authority defenses, the three-year, six-year, and unlimited assessment periods, and the collection machinery of liens, levies, CDP hearings, installment agreements, and offers in compromise. Throughout, a running example — Pinehurst Foods, a mid-sized food manufacturer under field examination with a shaky deduction — shows how the doctrine plays out in a real file, including when a civil audit starts to smell criminal.

Handling an IRS Audit and Tax Controversy: A Comprehensive Guide

Tax > Tax Controversy | Published 13 February 2024 - Updated 29 August 2025 | UpLaw - uplaw.us

An audit is litigation that has not yet been captioned. Everything you say to the revenue agent in month one is evidence in month thirty. Treat it that way from the first letter.

The full text of this document is available to Executive subscribers and above. See plans.