Need help petitioning US Tax Court after IRS denied my business expense appeal
I'm at my wit's end with the IRS and could really use some guidance. Here's what's happening: Back in 2022, I got audited by the IRS. The auditor refused to accept about $13,000 in legitimate business expenses for my side consulting work. I submitted all my receipts, bank statements, and even client emails discussing these expenses, but the auditor just wouldn't budge. I filled out the paperwork to request an appeal, but the same auditor somehow blocked it from going forward. I then sent additional documentation (credit card statements, photos of the equipment I purchased, everything I could think of) trying to prove these were legitimate business expenses. The IRS sent back another determination letter still denying the expenses. I requested an appeal AGAIN, and was denied AGAIN by the same person. It feels like I'm trapped in some kind of bureaucratic loop. Now I want to take this to Tax Court, but none of the forms mentioned on the Tax Court website were ever provided to me by the IRS. I'm looking at owing around $6,700 in taxes plus another $2,500 in interest and penalties. Has anyone successfully petitioned Tax Court without having the standard IRS forms? How do I break this cycle and either get a proper appeal or get my case in front of a judge?
18 comments


Diego Vargas
You're definitely in a frustrating situation, but you do have options. What you're describing sounds like you need to file a petition with the US Tax Court, which you can do without having received specific forms from the IRS. The most important thing is whether you received a Notice of Deficiency (sometimes called a "90-day letter"). This is the official notice that gives you the right to petition the Tax Court. If you received any formal determination letter stating the amount they believe you owe, that's likely what you need. To petition the Tax Court, you'll need to complete Form 2 (Petition) which is available on the US Tax Court website (ustaxcourt.gov). You'll need to attach a copy of the notice you're disputing. The filing fee is $60, but you can request a waiver if that would be a hardship. The petition must be filed within 90 days of the date on the Notice of Deficiency, so timing is critical. If you're outside that window, you might have other options but they become more limited.
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Chloe Anderson
•Thank you for the information! I did receive a determination letter that states how much I owe, but it doesn't specifically say "Notice of Deficiency" or "90-day letter" anywhere on it. Would this still qualify? The last letter I received was about 65 days ago, so I'm getting nervous about the 90-day window.
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Diego Vargas
•The determination letter you received should qualify if it states the tax amount due and gives you notice of your right to petition the Tax Court. Look for language that mentions a 90-day period to file a petition with the US Tax Court. Even if it doesn't use the exact term "Notice of Deficiency," the important part is that it formally assesses the tax and informs you of your petition rights. Since you're about 65 days into the potential 90-day window, I would recommend filing your petition as soon as possible. Don't wait until the last minute as the petition must be received by the Tax Court (or in some cases postmarked) by the deadline.
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Anastasia Fedorov
I went through a similar nightmare with the IRS last year over business expenses for my photography business. After going back and forth countless times, I was about to give up when someone told me about taxr.ai (https://taxr.ai). It's basically an AI-powered document analyzer that helps interpret IRS notices and creates customized responses. I uploaded my audit notice and business expense documentation, and it highlighted exactly what was missing from my documentation that was causing the IRS to reject my claims. Turns out I was missing some specific language about business purpose that needed to be included. They even helped me draft a proper response letter that addressed all the technical requirements. Just sharing because it saved me so much time trying to decipher what the IRS actually wanted from me. Might be worth checking out before you go through the whole Tax Court process.
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StarStrider
•How does this actually work? Do you just upload your documents and it tells you what's wrong with them? That seems too good to be true considering how complicated tax stuff is.
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Sean Doyle
•I'm skeptical. Wouldn't you still need to go through the appeals process anyway? How would this help with getting a case to Tax Court if the IRS is blocking the normal channels?
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Anastasia Fedorov
•The way it works is you upload your IRS notices and supporting documentation, and their system analyzes everything to identify gaps or issues. It looks for specific IRS terminology and requirements that might be missing from your submission. In my case, I hadn't properly documented the "ordinary and necessary" aspect of my business expenses in the right format. For your second question, you're right that it doesn't replace the formal appeals process, but it helps you understand if you're missing something fundamental in your documentation. In my situation, I was able to resubmit with the correct documentation before going to Tax Court. But in the OP's case, it could help identify if there's an issue with how they're requesting the appeal that's causing it to be blocked, or help prepare better documentation for the Tax Court petition.
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StarStrider
I was super skeptical about taxr.ai at first too, but after trying it I'm actually impressed. I was fighting with the IRS over some self-employment expenses they disallowed. After spinning my wheels for months with generic advice from tax forums, I finally tried the service. It analyzed my notice and pointed out that I needed to specifically reference certain tax code sections in my response and reformat my expense log in a particular way. After making those changes and resubmitting, my appeal actually went through and I got about 70% of my deductions allowed. The system also explained exactly why certain expenses were getting flagged based on previous tax court cases, which was eye-opening. Definitely better than the generic advice I was finding elsewhere.
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Zara Rashid
If you're still having trouble getting through to anyone at the IRS about your appeal rights, you might want to try Claimyr (https://claimyr.com). I had a similar issue where I kept getting stonewalled by the same IRS agent who seemed determined to deny my rental property deductions. After weeks of calling the IRS and never getting through, I used Claimyr and they got me connected to an actual IRS representative in about 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The key was getting to talk to a different person at the IRS who explained that my case should have been escalated to the Office of Appeals after my first request. The first agent had incorrectly processed my appeal request. Once I got that straightened out with the new agent, I was able to get my case properly into the appeals process.
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Luca Romano
•How exactly does this work? I thought the IRS phone lines were basically impossible to get through no matter what. Do they have some special number or something?
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Sean Doyle
•This sounds like a scam. How does some random service get you through to the IRS when their phone lines are notoriously jammed? They probably just keep you on hold and charge you for the privilege.
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Zara Rashid
•They don't use a special number - they use the same IRS numbers everyone else uses. The difference is they have a system that waits on hold for you and calls you back when an actual human picks up. Basically, their system navigates the phone tree and sits in the queue so you don't have to. No, it's not a scam. They don't handle the call - they just connect you directly with the IRS once a representative is on the line. You're the one who talks to the IRS agent, not them. I was equally skeptical, but when I finally connected with an actual helpful IRS person who could see all the mistakes in how my case was handled, it was totally worth it. Sometimes just getting to a different agent can make all the difference.
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Sean Doyle
I need to eat some crow here. After my skeptical comments, I decided to try Claimyr since I had my own issues getting through to the IRS about a payment plan dispute. I've been trying to call for WEEKS with no luck. Used the service yesterday, and I got a call back in about 45 minutes (was estimated at 1-2 hours). Got connected directly to an IRS rep who actually helped resolve my issue on the spot. They transferred me to the right department and everything. The service literally just waits on hold for you and calls when a human answers. In my case, it saved me from sitting on hold for nearly an hour. For anyone dealing with time-sensitive IRS issues like the 90-day Tax Court deadline mentioned above, this could be really valuable.
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Nia Jackson
I went through the Tax Court petition process last year. Here are some tips: 1) If you don't have the 90-day letter, call the IRS (I know, painful) and request a copy. Explain you need it to file a Tax Court petition. 2) The Tax Court petition form is pretty straightforward. Focus on clearly stating why you disagree with the IRS determination. Be specific about which expenses were improperly disallowed and why. 3) Consider using the Tax Court's "small tax case" procedure (check the box for this on the petition) since your amount is under $50,000. It's more informal and doesn't set legal precedent. 4) Include as much documentation as possible with your petition. 5) Be aware that after you file, the IRS will likely transfer your case to their Office of Chief Counsel, and they often reach out to settle before actually going to court.
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Chloe Anderson
•This is really helpful! For the small tax case procedure, does that mean I don't need to hire a lawyer? I've been worried about the cost of legal representation on top of everything else.
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Nia Jackson
•For small tax cases, you don't need to hire a lawyer - many people represent themselves successfully. The process is designed to be more accessible. Judges in these cases tend to be more patient with self-represented taxpayers and will often help guide you through the process. That said, you might want to consider a consultation with a tax professional who has Tax Court experience, even if just for an hour, to review your petition before filing. Some Low Income Taxpayer Clinics (LITCs) offer free or low-cost help if you qualify based on income. Many law schools also run tax clinics where law students supervised by professors can help with Tax Court cases.
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Mateo Hernandez
Have you tried contacting the Taxpayer Advocate Service? They're an independent organization within the IRS that helps taxpayers resolve problems. If the same auditor is blocking your appeals, that seems like exactly the kind of situation they're designed to help with. You can reach them at 877-777-4778 or find your local office on the IRS website. They can often intervene when normal IRS channels aren't working properly.
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CosmicCruiser
•The Taxpayer Advocate Service is completely overwhelmed right now. I submitted a request in January and still haven't heard back. They're prioritizing cases where people are facing immediate financial hardship like eviction or utility shutoffs.
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