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Examinations, Appeals,
Collections, and Refunds
Examinations (audits). We accept most taxpayers' re-
turns as filed. If we inquire about your return or select it for
examination, it does not suggest that you are dishonest.
The inquiry or examination may or may not result in more
tax. We may close your case without change or you may
receive a refund.
The process of selecting a return for examination usu-
ally begins in one of two ways. One way is to use com-
puter programs to identify returns that may have incorrect
amounts. These programs may be based on information
returns, such as Forms 1099 and W-2; on studies of past
examinations; or on certain issues identified by other spe-
cial projects. Another way is to use information from com-
pliance projects that indicates that a return may have in-
correct amounts. These sources may include
newspapers, public records, and individuals. If we deter-
mine that the information is accurate and reliable, we may
use it to select a return for examination.
Pub. 556, Examination of Returns, Appeal Rights, and
Claims for Refund, explains the rules and procedures that
we follow in examinations. The following sections give an
overview of how we conduct examinations.
By mail. We handle many examinations and inquiries
by mail. We will send you a letter with either a request for
more information or a reason why we believe a change to
your return may be needed. You can respond by mail or
you can request a personal interview with an examiner. If
you mail us the requested information or provide an ex-
planation, we may or may not agree with you, and we will
explain the reasons for any changes. Do not hesitate to
write to us about anything you do not understand.
By interview. If we notify you that we will conduct your
examination through a personal interview, or you request
such an interview, you have the right to ask that the exami-
nation take place at a reasonable time and place that is
convenient for both you and the IRS. If our examiner pro-
poses any changes to your return, they will explain the
reasons for the changes. If you do not agree with these
changes, you can meet with the examiner's supervisor.
Repeat examinations. If we examined your return for
the same items in either of the 2 previous years and pro-
posed no change to your tax liability, contact us as soon
as possible so we can see if we should discontinue the ex-
amination.
Appeals. If you do not agree with the examiner's pro-
posed changes, you can appeal them to the IRS Inde-
pendent Office of Appeals. Most differences can be set-
tled without expensive and time-consuming court trials.
Your appeal rights are explained in detail in both Pub. 5,
Your Appeal Rights and How to Prepare a Protest if You
Disagree, and Pub. 556.
If you do not wish to use the Appeals Office or disagree
with its findings, you may be able to take your case to the
U.S. Tax Court, U.S. Court of Federal Claims, or the U.S.
District Court where you live. If you take your case to
court, the IRS will have the burden of proving certain facts
if you kept adequate records to show your tax liability, co-
operated with the IRS, and meet certain other conditions.
If the court agrees with you on most issues in your case
and finds that our position was largely unjustified, you may
be able to recover some of your administrative and litiga-
tion costs. You will not be eligible to recover these costs
unless you tried to resolve your case administratively, in-
cluding going through the appeals system, and you gave
us the information necessary to resolve the case.
Collections. Pub. 594, The IRS Collection Process, ex-
plains your rights and responsibilities regarding payment
of federal taxes. It describes the following.
•
What to do when you owe taxes. It describes what to
do if you get a tax bill and what to do if you think your
bill is wrong. It also covers making installment pay-
ments, delaying collection action, and submitting an
offer in compromise.
•
IRS collection actions. It covers liens, releasing a lien,
levies, releasing a levy, seizures and sales, and re-
lease of property.
•
IRS certification to the State Department of a seriously
delinquent tax debt, which will generally result in de-
nial of a passport application and may lead to revoca-
tion of a passport.
Your collection appeal rights are explained in detail in
Pub. 1660, Collection Appeal Rights.
Innocent spouse relief. Generally, both you and your
spouse are responsible, jointly and individually, for paying
the full amount of any tax, interest, or penalties due on
your joint return. To seek relief from any liability related to
your spouse (or former spouse), you must file a claim on
Form 8857, Request for Innocent Spouse Relief. In some
cases, Form 8857 may need to be filed within 2 years of
the date on which the IRS first attempted to collect the tax
from you. Do not file Form 8857 with your Form 1040 or
1040-SR. For more information, see Pub. 971, Innocent
Spouse Relief, and Form 8857, or you can call the Inno-
cent Spouse office toll free at 855-851-2009.
Potential third-party contacts. Generally, the IRS will
deal directly with you or your duly authorized representa-
tive. However, we sometimes talk with other persons if we
need information that you have been unable to provide, or
to verify information we have received. If we do contact
other persons, such as a neighbor, bank, employer, or em-
ployees, we will generally need to tell them limited infor-
mation, such as your name. The law prohibits us from dis-
closing any more information than is necessary to obtain
or verify the information we are seeking. Our need to con-
tact other persons may continue as long as there is activ-
ity in your case. If we do contact other persons, you have a
right to request a list of those contacted. Your request can
be made by telephone, in writing, or during a personal in-
terview.
44 Chapter 11 Your Rights as a Taxpayer Publication 334 (2023)