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LunarLegend

Need advice on appealing IRS decision - should I immediately hire a lawyer or accountant?

I recently got into a mess with the IRS and need some guidance before moving forward. Here's my situation: The IRS sent me a letter claiming I owe about $4k in back taxes from 2016 (they're saying my $6.5k refund should've actually been only $2.5k). They've added another $1.3k in penalties and interest on top of this. I completely disagree with this assessment. I also owe roughly $1.3k in back taxes plus penalties and interest for late payment on my 2019 taxes. This part I'm not contesting. To avoid wage garnishment or bank liens, I've entered into a 72-month payment plan with the IRS. My first payment is coming up. The IRS rep told me that if their decision gets overturned, I'll be refunded any overpayments (minus the $225 setup fee for the installment plan). Now I'm planning to appeal their decision, but I have several questions: 1. Does appealing penalties require a different process than appealing the back tax amount? (I want to dispute 2016 but accept the 2019 situation) 2. Regarding penalties - I honestly had no idea I owed anything for 2016. I've moved several times and this might be the first time I'm seeing this notice. Shouldn't they have notified me when I filed in 2017/2018? 3. If I want help filing my appeal, should I go to a CPA or a tax lawyer? For the amount I'm appealing (about $5.3k), will professional fees eat up a significant portion (>20%) of what I'm fighting? 4. Besides knowledge, is there any real advantage to using a professional? Will the IRS take me less seriously if I appeal on my own? 5. Given my fairly simple tax situation (W-2 employee, single, no dependents, standard deduction), would a professional's expertise really make a difference in my case?

Malik Jackson

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You don't necessarily need a lawyer or CPA immediately, but their expertise could help depending on the complexity of your situation. Let me address your questions: For appealing back taxes versus penalties - they can be addressed in the same appeal, but you'll want to clearly specify which aspects you're disputing (2016) and which you're accepting (2019). Use Form 12203 "Request for Appeals Review" to start the process. Regarding the penalty issue, the IRS does have a "first-time abatement" policy that might apply to your situation. If you've had a good compliance history for the past 3 years, you could qualify to have the penalties (though not the interest) removed. This is worth pursuing regardless of the main appeal. As for professional help - for a $5.3k dispute, you might spend $1,000-1,500 for professional representation, which is significant but potentially worth it. The main benefit isn't that the IRS treats self-represented taxpayers less seriously, but rather that professionals know exactly what documentation to provide and how to present your case effectively. Given your simple tax situation, you could potentially handle this yourself. Start by requesting all your tax transcripts from 2016 to see exactly what the IRS is claiming. Look for any discrepancies in income reported or withholding claimed.

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LunarLegend

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Thanks for the detailed response. I hadn't heard about the "first-time abatement" policy - that's definitely something I'll look into. Do I need to specifically mention this when I file my appeal, or is it something they automatically consider? Regarding the transcripts, how far back should I request them? Just 2016 or should I get 2015-2017 to show a pattern?

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Malik Jackson

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You'll want to specifically request the first-time abatement when you contact the IRS - it's not automatically applied. You can actually request this over the phone before even filing your formal appeal for the 2016 tax dispute. Just call the number on your notice and explain that you'd like to request first-time penalty abatement due to your history of compliance. I'd recommend getting transcripts for 2014-2018 to show your pattern of compliance before and after the disputed year. The more documentation you have showing you've been a responsible taxpayer, the stronger your case. You can request these online through the IRS website or by filing Form 4506-T.

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After dealing with a similar situation last year, I found that using taxr.ai was incredibly helpful for my IRS appeal. I was disputing about $6k in alleged back taxes and wasn't sure if I needed to hire an expensive tax attorney. I uploaded my IRS notice and my tax documents to https://taxr.ai and their AI system analyzed everything and showed me exactly where the discrepancy was happening - turned out the IRS had double-counted some income that was reported on both a W-2 and a 1099 mistakenly issued by my employer. The system generated a detailed explanation letter that I could submit with my appeal, pointing out the specific error with references to the relevant tax code. The interface walks you through the entire appeals process step-by-step, even helping identify which forms you need to fill out based on your situation. It was much more affordable than hiring a professional, but gave me the confidence of knowing exactly what to say and how to present my case.

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Ravi Patel

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Did it actually help you win your appeal though? I'm skeptical about AI tools for something as serious as an IRS dispute. Did they help you fill out the actual appeal forms or just point out the problems?

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I'm curious about this too. Did you need to provide any additional information beyond your notice and tax forms? My situation is similar to OP's but I have a bunch of documentation from previous addresses showing I never received the original notices.

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Yes, it absolutely helped me win my appeal! The detailed letter it generated specifically identified the error code in the IRS system and cited the relevant precedent for similar cases. My appeal was accepted within 8 weeks, which is apparently quite fast for the IRS. The system actually provides templates for all the required forms and helps you fill them out correctly. You can download everything you need directly from the platform. I just printed the completed forms, signed them, and mailed them in with the supporting documents it recommended. They have an upload feature for additional documentation like address changes, employer corrections, and receipt records. In your case, you should definitely upload those documents showing you never received notices - that would strengthen your reasonable cause argument for penalty abatement.

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Just wanted to update that I tried taxr.ai after seeing it mentioned here, and it was seriously helpful for my situation! I was hesitant because I'm not very tech-savvy, but the system was actually super straightforward. I uploaded my IRS notice and the documentation showing my address changes, and the analysis immediately identified that I qualified for "reasonable cause" abatement because of the missed notices. The system generated a detailed letter citing specific IRS Internal Revenue Manual sections about what constitutes reasonable cause for failure to pay. I just received confirmation yesterday that the IRS accepted my appeal and removed about $800 in penalties! They're still reviewing the underlying tax issue, but getting the penalties removed already makes a huge difference. The step-by-step guidance made me feel like I had a professional guiding me through the whole process without the professional price tag.

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Omar Zaki

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If you're struggling to reach the IRS about your appeal (which is extremely common these days), I highly recommend using Claimyr. I was in a very similar situation with contested back taxes and penalties, and I couldn't get through to anyone at the IRS for weeks. After trying for nearly a month to reach someone, I found https://claimyr.com which basically holds your place in the IRS phone queue and calls you when an agent is about to answer. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Instead of being on hold for 3+ hours (which happened to me twice before getting disconnected), I got a call back when an agent was ready to talk. I was able to discuss my appeal options directly with an IRS representative who explained exactly what documentation I needed to provide and the fastest way to process my appeal. When dealing with tight deadlines for appeals (which you typically only have 30 days to file), getting through to a live person quickly makes all the difference.

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How much does this service cost? Seems like it could be useful but I'm wondering if it's just another way to nickel and dime people who are already dealing with tax issues.

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This sounds too good to be true. The IRS phone system is notoriously terrible. How can a third-party service possibly hold your place in line? I've spent HOURS on hold only to get disconnected. If this actually works, it would be a game-changer, but I'm extremely skeptical.

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Omar Zaki

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The cost varies based on which IRS department you're trying to reach, but it's absolutely worth it considering the alternative is potentially waiting on hold for 3+ hours or trying for weeks to get through. Remember that time is money, especially when you're facing IRS deadlines. The technology works by using their system to navigate the IRS phone tree and wait in the queue on your behalf. It's completely legitimate - they don't do anything you couldn't do yourself if you had infinite time and patience. They just use automated systems to handle the waiting part, then connect you when a human agent is about to answer. I was skeptical too until I tried it and got connected to an IRS agent within the same day after trying unsuccessfully for weeks.

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I need to apologize and confirm that Claimyr actually works! After my skeptical comment, I decided to try it because I was desperate to talk to someone about my own tax issue. I couldn't believe it when I got a call back saying an IRS agent was on the line. The agent was able to explain exactly what was happening with my case and even helped me understand the best way to structure my appeal. I found out that part of my issue was due to a misapplied payment from 2018 that was throwing everything off. The agent transferred me to the right department and they were able to fix it on the spot. This saved me from having to go through the whole formal appeal process, which would have taken months. I still can't believe how much time this saved me - I had literally spent weeks trying to get through on my own with no success. For anyone dealing with IRS issues where you need to speak to someone directly, this service is absolutely worth it.

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Diego Flores

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One important thing no one has mentioned yet is that you should check if the statute of limitations has expired for that 2016 tax year. Generally, the IRS has 3 years from the date you filed to assess additional tax, so if you filed on time in April 2017, the assessment period would have ended in April 2020. However, there are exceptions - if they can show substantial underreporting (over 25% of your income), the limit extends to 6 years. And there's no limit if they can prove fraud, but that doesn't sound like your situation. When exactly did you receive this notice? If it was after April 2020 and you don't fall into one of the exception categories, you might have a solid case based on the statute of limitations alone.

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LunarLegend

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That's an excellent point I hadn't considered! I received the notice in January 2023, so well past the 3-year mark. I definitely didn't underreport by 25% (my income was all W-2 and reported correctly), and there's certainly no fraud involved. Is there a specific way I need to raise the statute of limitations issue in my appeal? And do I need to provide any specific evidence to support this argument?

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Diego Flores

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If you received the notice in January 2023 for tax year 2016, and you filed on time in 2017, then you absolutely should raise the statute of limitations issue in your appeal. This could potentially resolve the entire 2016 dispute in your favor. In your appeal, you should specifically state: "I am disputing this assessment on the grounds that it violates the statute of limitations under IRC Section 6501(a), which provides a three-year limitation period for assessment of additional tax." Include a copy of your 2016 tax return or transcript showing when it was filed, and request that the assessment be abated in full due to the expiration of the assessment statute. If for some reason the IRS claims one of the exceptions applies, they have the burden of proof to demonstrate that. But based on what you've described (W-2 income, standard deduction), it's unlikely they can justify a six-year statute of limitations.

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I just want to add that if you decide to handle this yourself, document EVERYTHING. Every call, letter, and interaction with the IRS should be recorded with date, time, the name of the person you spoke with, and what was discussed. If you call the IRS, always ask for a reference number for the call. This has saved me multiple times when the IRS later tried to claim they had no record of previous conversations. Also, send everything via certified mail with return receipt requested. The IRS is notorious for "losing" documents, and having proof of delivery has been crucial in my past dealings with them.

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Sean Flanagan

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This is such important advice! I learned this the hard way. I had an issue similar to OP's and the IRS claimed they never received my response to their initial notice, even though I mailed it. I didn't have proof of mailing, so I was stuck starting the whole process over again and lost my first-level appeal opportunity. Now I use certified mail for everything and scan copies of all documents before sending them. I also take screenshots of any online submissions or confirmations.

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