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IRS Appeals #3: Succeeding in your Conference or Hearing

September 15th

Sometimes it can be helpful to have the guidance of a qualified legal representative during these proceedings. While the assistance of a tax attorney is not required to appeal a charge of unpaid taxes with the IRS, it can certainly help. However, there are restrictions on the type of representation to which you are entitled.

In disputes with the IRS, taxpayers may represent themselves or they may have the help of a tax lawyer or certified public accountant. An individual who is currently enrolled to practice law before the IRS may also suffice. Any representative must be qualified to appear before the IRS.

For those taxpayers who may wish their representative to appear before IRS Appeals unaccompanied, they must have a completed Power of Attorney form prior to the start of the proceedings. An IRS Form 2848, Power of Attorney and Declaration of Representative, or any other legal, written Power of Attorney will suffice in this matter.

What to Expect

Appeals exists to give your case a fresh review. They will examine the case’s strengths and weaknesses and will determine if your case has merit. Remember, just because your case makes it before IRS Appeals does not mean they will necessarily change the original verdict. However, for those who qualify and feel they have been unduly charged, the Appeals process is worth the effort.

Appeals is designed to be an informal alternative to litigation. As such, cases are often reviewed by phone or by mail correspondence. Those that occur in person are more casual than standard court appeals and rarely require the presence of legal representation (though every taxpayer who appears is entitled to a representative).

Please remember, even if your request for Appeal is granted, this will not stop IRS penalties and interest from accruing during the process.


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