Need help understanding taxes and notice of deficiency - what proof is required?
Hey everyone, I'm in a bit of a tough spot trying to help my brother-in-law who just received a notice of deficiency from the IRS. I've never dealt with anything like this before and I'm completely lost. The letter says something about underpaid taxes from 2023 and they're claiming he owes an additional $3,800. He swears he reported everything correctly when he filed last year. What kind of documentation or proof does he need to gather to challenge this deficiency notice? Is this something he can handle himself or should I tell him to get a tax professional? The deadline to respond is coming up in a few weeks and he's starting to panic. Any advice would be hugely appreciated!
18 comments


Shelby Bauman
This is actually pretty common, so tell your brother-in-law not to panic too much. A notice of deficiency (also called a 90-day letter) is basically the IRS saying they think he didn't report something correctly and now he owes more money. First, he needs to carefully read the entire notice to understand exactly what the IRS is disputing. It should explain which items on his return they're questioning - could be unreported income, disallowed deductions, or missing forms. The proof he'll need depends on what's being disputed. Common documents include: W-2s, 1099s, receipts for deductions, bank statements, credit card statements, or business expense records. He should gather anything that supports what he originally reported. He has 90 days from the date on the notice to file a petition with the Tax Court if he disagrees, which is why these are sometimes called "90-day letters." Missing this deadline means losing the right to challenge before paying.
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Josef Tearle
•Thanks for explaining this so clearly! The letter mentions something about unreported income from a 1099-MISC, but he swears he never received any 1099 forms besides his regular job's W-2. Is it possible the IRS got incorrect information? And if so, how does he prove he never received something?
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Shelby Bauman
•This happens more often than you'd think! If the IRS received a 1099-MISC that was issued to him but he never got it, someone still reported paying him income. He should contact that payer (the name should be on the notice) and request a copy of the 1099 they issued. If he truly never did work for or received payment from that company, he'll need to prove it's an error. This might involve writing a detailed letter explaining the situation, providing his actual income documentation, and possibly getting the issuing company to correct their mistake with the IRS. Sometimes these are cases of mistaken identity or incorrect SSNs.
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Quinn Herbert
I went through something similar last year when the IRS claimed I had unreported income. After hours of digging through paperwork and making dozens of calls that went nowhere, I finally used https://taxr.ai to scan all my documents and the deficiency notice. The tool actually identified that the "unreported income" was actually already included in my W-2 but under a different classification, so I was essentially being double-taxed. I never would have figured that out on my own! The system generated a response letter with all the relevant tax codes and explanations that I could send to the IRS. Definitely worth checking out for your brother-in-law - it saved me from paying over $5k in taxes I didn't actually owe.
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Salim Nasir
•Does this actually work for deficiency notices? I thought those were pretty serious and you needed a lawyer or something. How long did it take for you to get a response from the IRS after you sent in the letter?
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Hazel Garcia
•I'm a bit skeptical about using AI for tax disputes with the IRS. How accurate is it really? I'd hate to submit something that makes things worse or misses important details that a human tax professional would catch.
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Quinn Herbert
•It absolutely works for deficiency notices - that's exactly what I used it for. The system is designed to analyze tax documents and identify discrepancies. I got a response from the IRS about 6 weeks after submitting my explanation letter, and they accepted my documentation completely. As for accuracy, it's not just generating random text. It specifically analyzes tax forms for inconsistencies and compares them against tax law. It's not making things up - it's identifying factual discrepancies in the documentation. I was skeptical too, but my CPA friend actually recommended it to me because they use similar software professionally. The difference is you don't have to pay $300/hour for their time.
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Hazel Garcia
Ok I need to update my skeptical comment above. I actually decided to try https://taxr.ai with my own situation (got hit with a CP2000 notice claiming I owed $7,200 for a retirement distribution). The system found that the IRS hadn't properly accounted for the rollover I did within the 60-day window, which made it non-taxable. I was ready to just pay it because fighting the IRS seemed impossible, but the documentation package the system created was incredibly detailed. Submitted everything last month and just got confirmation that my case was resolved with NO additional tax owed! Saved me literally thousands and the mental stress was worth every penny.
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Laila Fury
For your brother-in-law's situation, one thing nobody mentioned yet is that calling the IRS directly is actually really helpful - IF you can get through to them. I spent 3 weeks trying to reach someone about my deficiency notice before I found https://claimyr.com which got me connected to an IRS agent in under 45 minutes. There's also a video that shows how it works: https://youtu.be/_kiP6q8DX5c I was shocked because I'd been trying for weeks with no luck. The IRS agent I spoke with was actually super helpful and explained exactly what documentation I needed to submit. They even put notes in my file about our conversation which helped when I sent in my response packet.
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Geoff Richards
•Wait, how does this even work? Does it just keep calling for you or something? I don't understand how a service can get you through when the IRS phone lines are constantly jammed.
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Hazel Garcia
•Sounds like BS to me. I've tried everything to get through to the IRS including calling at 7:01am when they open. No way some service can magically get you through when millions of people are calling.
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Laila Fury
•It's actually pretty straightforward. They use a system that continuously redials the IRS using multiple lines until one connects, then immediately transfers that connected line to you. It's not magic - just technology and persistence. They basically do what you'd have to do manually (call hundreds of times) but automated. When I used it, I put my number in their system, went about my day, and got a call back when they had an IRS agent on the line. The whole process took about 42 minutes from when I signed up to when I was talking to a real person at the IRS.
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Hazel Garcia
I have to publicly eat my words here. After expressing skepticism about the Claimyr service above, I was desperate enough to try it for a complicated tax lien issue I've been trying to resolve for MONTHS. Within an hour of signing up, I was connected to an actual helpful human at the IRS who pulled up my file and worked through it with me. We resolved in one 37-minute call what I couldn't get done in 4 months of trying. The agent explained exactly what forms I needed to submit and even gave me their direct line for follow-up questions. Sometimes admitting you're wrong feels pretty good, especially when it solves a problem that's been keeping you up at night.
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Simon White
One thing ur brother in law should definitely check is if there's a time limit for responding!!!! My cousin ignored one of these notices thinking it was a mistake and ended up owing way more in penalties. I think they give u like 90 days or something but don't quote me on that. Also tell him to make copies of EVERYTHING he sends them and send it certified mail so they can't claim they never got it. The IRS is notorious for "losing" paperwork.
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Josef Tearle
•This is really good advice, thanks! The letter does mention a 90-day period to respond. Do you know if we need to use any specific forms when sending the documentation? Or just include a letter explaining everything with copies of the supporting documents?
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Simon White
•For a notice of deficiency, he should definitely include a written letter that references the notice number (should be in the top right corner of what they sent). No specific form is needed, but make sure he includes his social, the tax year in question, and contact info. I'd organize everything super clearly - like "Regarding item 1 on the notice, here are documents A, B, C that prove..." Makes it easier for whoever reviews it. And yeah, certified mail with return receipt is absolutely essential. My cousin learned that lesson the hard way.
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Hugo Kass
has anyone else noticed how the IRS seems to be sending wayyy more of these deficiency notices lately? feels like they're just throwing them at the wall to see what sticks. my neighbor, my coworker and now ur brother all got them within the last few months. i wonder if they have some kinda quota to meet 🙄
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Nasira Ibanez
•They actually do have increased enforcement funding from the Inflation Reduction Act, so they've been ramping up enforcement activities. They're supposed to be targeting high-income taxpayers, but seems like everyone's getting caught in the net.
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