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.
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