Small Business Resource Guide 2001
I. Pre Start-up/Assessing Your Business IdeaII. Starting Your Business/Keeping RecordsIII. Guidance for Special Types of BusinessesIV. Hiring EmployeesV. Preparing Your Tax Return(s) and Information ReturnsVI.  Filing Your Returns and Paying Taxes - Including Electronic OptionsVII.  Post-Filing IssuesVIII. Other Tax Issues of InterestIX. Index of Business Forms and Publications Including: Highlights of the New Tax Law ChangesX.  Changing Your Business or Getting Out of BusinessXI. Alerts and TutorialsXII. Directory of Internet and Other Resources
HomeBackForwardIndexHelpUpdateWhat's NewFeedbackStatisticsWorksheets

 

Examinations, Appeals, Collections, and Refunds

Examinations (audits).We accept most taxpayers' returns as filed. If we inquire aboutyour return or select it for examination, it does not suggest that youare dishonest. The inquiry or examination may or may not result inmore tax. We may close your case without change; or, you may receive arefund.

The process of selecting a return for examination usually begins inone of two ways. First, we use computer programs to identify returnsthat may have incorrect amounts. These programs may be based oninformation returns, such as Forms 1099 and W-2, on studies ofpast examinations, or on certain issues identified by complianceprojects. Second, we use information from outside sources thatindicates that a return may have incorrect amounts. These sources mayinclude newspapers, public records, and individuals. If we determinethat the information is accurate and reliable, we may use it to selecta return for examination.

Publication 556, ERROR MSGExamination of Returns, Appeal Rights, andClaims for Refund, explains the rules and procedures that wefollow in examinations. The following sections give an overview of howwe conduct examinations.

By mail.ERROR MSGWe handle many examinations and inquiries by mail. We will send youa letter with either a request for more information or a reason why webelieve a change to your return may be needed. You can respond by mailor you can request a personal interview with an examiner. If you mailus the requested information or provide an explanation, we may or maynot agree with you, and we will explain the reasons for any changes.Please do not hesitate to write to us about anything you do notunderstand.

By interview.bonnes affaires hotel LagosIf we notify you that we will conduct your examination through apersonal interview, or you request such an interview, you have theright to ask that the examination take place at a reasonable time andplace that is convenient for both you and the IRS. If our examinerproposes any changes to your return, he or she will explain thereasons for the changes. If you do not agree with these changes, youcan meet with the examiner's supervisor.

Repeat examinations.If we examined your return for the same items in either of the 2previous years and proposed no change to your tax liability, pleasecontact us as soon as possible so we can see if we should discontinuethe examination.

Appeals.If you do not agree with the examiner's proposed changes, you canappeal them to the Appeals Office of IRS. Most differences can besettled without expensive and time-consuming court trials. Your appealrights are explained in detail in both Publication 5, Your AppealRights and How To Prepare a Protest If You Don't Agree, andPublication 556, Examination of Returns, Appeal Rights, andClaims for Refund.

If you do not wish to use the Appeals Office or disagree with itsfindings, you may be able to take your case to the U.S. Tax Court,U.S. Court of Federal Claims, or the U.S. District Court where youlive. If you take your case to court, the IRS will have the burden ofproving certain facts if you kept adequate records to show your taxliability, cooperated with the IRS, and meet certain other conditions.If the court agrees with you on most issues in your case and findsthat our position was largely unjustified, you may be able to recoversome of your administrative and litigation costs. You will not beeligible to recover these costs unless you tried to resolve your caseadministratively, including going through the appeals system, and yougave us the information necessary to resolve the case.

Collections.Publication 594, The IRS Collection Process, explainsyour rights and responsibilities regarding payment of federal taxes.It describes:

  • What to do when you owe taxes. It describes what to do ifyou get a tax bill and what to do if you think your bill is wrong. Italso covers making installment payments, delaying collection action,and submitting an offer in compromise.
  • IRS collection actions. It covers liens, releasing a lien,levies, releasing a levy, seizures and sales, and release ofproperty.

Your collection appeal rights are explained in detail inPublication 1660, poker in lineaCollection Appeal Rights.

Innocent spouse relief.Generally, both you and your spouse are responsible, jointly andindividually, for paying the full amount of any tax, interest, orpenalties due on your joint return. However, if you qualify forinnocent spouse relief, you may not have to pay the tax, interest, andpenalties related to your spouse (or former spouse). For informationon innocent spouse relief and two other ways to get relief, seePublication 971, Innocent Spouse Relief, and Form8857, discount hotels in BudapestRequest for Innocent Spouse Relief (And Separation ofLiability and Equitable Relief).

Refunds.You may file a claim for refund if you think you paid too much tax.You must generally file the claim within 3 years from the date youfiled your original return or 2 years from the date you paid the tax,whichever is later. The law generally provides for interest on yourrefund if it is not paid within 45 days of the date you filed yourreturn or claim for refund. Publication 556, Limerick hotelsExamination ofReturns, Appeal Rights, and Claims for Refund, has moreinformation on refunds.

If you were due a refund but you did not file a return, you mustfile within 3 years from the date the return was originally due to getthat refund.

Publication 537, Installm | Excise Taxes | - | Publication 535, Business | Publication 225, Farmer's | Publication 515, Withhold | Publication 560, Retireme | Five Things Your Financia | Publication 334, Tax Guid | Germ Warfare | Publication 54, Tax Guide | Publication 51, Circular | Publication 519, U.S. Tax | Publication 225, Farmer's | Publication 535, Business | A Venture Capital Primer | Human Resource Management | Publication 535, Business | SBA Women's Pre-Qualifica | Publication 225, Farmer's | Benefits Compensation - Consumer Debt Problem - Sub Prime Loan - Adverse Credit Mortgage Brokers - Captivate Digital