AUDIT RECONSIDERATION

An adjustment that has been assessed is not always final. Three routes reopen a liability that was decided without the taxpayer’s full participation, or without the taxpayer at all.

JD · CPA Attorney and accountant
30+ Years in tax practice
U.S. Tax Court Admitted to practice
FL · MA Bar admissions
1 Signature on every return

Assessed without ever telling your side?

An assessment built on records you never presented can often be reopened. It does not always stay final.

Scheduling does not create an attorney-client relationship. No such relationship exists until the firm has run a conflicts check and both sides have signed a written engagement agreement.

The tax controversy resolution arc, showing planning, notice, examination, IRS Appeals, United States Tax Court and appellate review, with a collection branch and resolution available at every stage.
AUDIT RECONSIDERATION
Reopening authorities Audit reconsideration §6015(b) innocent spouse §6015(c) separation of liability §6015(f) equitable relief Doubt as to liability

Where an assessment was made on information the taxpayer never presented — a default, an unopened notice, an examination conducted without records that existed — the Service can be asked to reconsider. There is no statutory deadline, but the request must present what the examination did not have, and the collection clock keeps running while it is pending.

INNOCENT SPOUSE RELIEF

A joint return creates joint and several liability. Where one spouse bore no responsibility for an understatement and, on the facts, should not bear the liability, relief is available under section 6015 in three distinct forms with different requirements and different deadlines. These matters are fact-intensive and frequently turn on what the requesting spouse knew or had reason to know. They are also reviewable in the United States Tax Court.

DOUBT-AS-TO-LIABILITY OFFERS

An offer in compromise is usually understood as a collection remedy. A separate form exists where the dispute is over whether the tax is owed at all, rather than whether it can be paid. It is the correct tool in a narrow set of cases and the wrong one in most.

The detailed procedure is set out in Exam Alternatives.

An assessment made without the taxpayer is not always the end of the matter.

HOW AN ENGAGEMENT BEGINS
Step one

Book a free consultation

Thirty minutes, no charge. Bring the notice — we read it together on that call.

Step two

The deadline is identified

Which notice it is, what it asserts, and which forums are still open behind it.

Step three

Conflicts check and written engagement

Scope and fee agreed in writing before any work begins.

HOW A CONTROVERSY RESOLVES
Step four

The firm takes over

Correspondence with the Service runs through the firm. You stop answering.

Step five

The position is built and pressed

Records, authority, and the argument — pressed at the earliest stage that will take it, because that is the cheapest place to win.

Step six

Resolution

Closed at examination, settled at Appeals on the hazards, or tried. The firm does not hand the file to anyone to reach the last of those.

Whether any of these routes is available turns on how the assessment was made. Contact the firm through the contact page or call (561) 529-5873. Representative engagements are described on the Experience page.

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