Is there anyway to have an IRS audit overturned after the appeal date has passed? I felt the information I provided was sufficient and the claims that were being made by the IRS were ridiculous. They wanted me to show proof that I am supporting my children! My children have never been supported by anyone other than me! We are a single income family so there is no possible way anyone else could be supporting them but because all doctors bills, utility bills, school registration forms are in my fiancees name they said I had no proof Im taking care of my children. The outcome was ultimately in their favor. It was so overwhelming and confusing, I caved and gave in. Is there anyway to reverse this two years later?
The GOOD news, YES, IRS decisions can be appealed. The IRS explains the process on their website:
http://www.irs.gov/Individuals/Appeals...-Resolving-Tax-Disputes
More IRS explanations:
http://www.irs.gov/taxtopics/tc151.html
A well written article discussing "pros" & "cons" of any IES appeal:
http://www.nolo.com/legal-encyclopedia/pros-cons-appealing-irs-audit-29757.html
A formal letter of protest is required:
http://www.irs.gov/Individuals/Preparing-a-Request-for-Appeals-1
Here's a information in Publication 1660:
http://www.irs.gov/pub/irs-pdf/p1660.pdf
You can also take the IRS to Federal Court, and you don't need a lawyer (its helpful, but its FREE if you go it "pro se"!
That said, its also very hard, and extremely TRICKY!
Yes, IRS victims win far more than one would imagine. Why? The court is SUPPOSEDLY an independent, impartial body.
http://taxattorneydaily.com/topics/ch-5-going-to-tax-court.php
http://www.dailyfinance.com/2010/01/20/taxpayers-take-the-irs-to-court-and-actually-win/
http://www.reesnet.com/tax/planning/lvl03500.htm
http://taxattorneydaily.com/topics/ch-5-going-to-tax-court.php
http://www.nolo.com/legal-encyclopedia/irs-audit-faq-29069-8.html
http://www.ustaxcourt.gov/forms/petition_kit.pdf
Now, the BAD news.
You may be time barred from proceeding, or barred by agreeing to the audit.
You'll need to conduct some extensive research to know for sure.
Or, you can simply file your lawsuit, and let teh court dismiss it, if you are time barred, or barred by your agreement.
Lastly, you can consult with several local tax attorrneys, receive a case evaluation. Most of the time, attorneys will do all of that for FREE. If cost is an issue, ask before you make the appointment for the initial consultation.
Good luck.