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Tax Controversy Roadmap — Part 4

The Appeal Station

One independent conference — the last place a dispute can be settled on its merits before a courtroom.

Donovan Legal · Tax Controversy Practice

This post is part of a high-level series. It explains federal tax procedure in general terms and is not legal advice; reading it does not create an attorney–client relationship. The deadlines to enter Appeals and to seek court review after it are short, and one of them is jurisdictional. Before filing a protest or a hearing request, consult counsel.
font-family="'Helvetica Neue',Arial,sans-serif"> TAX CONTROVERSY ROADMAP · PART 4 The Appeal Station One independent conference — the last off-ramp before a courtroom. DETAIL MAP From Exam Unagreed · 30-day letter Protest >$25k / F.12203 ≤$25k PART 2 From Collection CDP · Form 12153 (30 days) or CAP · Form 9423 PART 5 OIC Rejected Appeal a rejected offer Form 13711 PART 6 Independent Office of Appeals One conference — independent of Exam and Collection. Settles on hazards of litigation · §7803(e) Agreement Settle and close Form 870-AD / Form 906 Notice of Deficiency Exam side · no agreement 90-day petition → TAX CT · 7 Notice of Determination Collection side · CDP Letter 3193 → TAX CT · 7 90 §6213(a) NO TOLLING — JURISDICTIONAL 30 §6330(d)(1) EQUITABLE TOLLING · BOECHLER PART 4 OF THE SERIES. General information about tax procedure — not legal advice. The two exit clocks are not the same kind of deadline. DONOVAN LEGAL One firm. One signature. Full-arc defense.
Part 4: cases converge on one independent Appeals conference, then exit to settlement or to the Tax Court by two different clocks.

The one room where litigation risk counts

The IRS Independent Office of Appeals does something no examiner and no collection officer can do: it can settle a case on the hazards of litigation — a clear-eyed estimate of how the dispute would actually come out in court, and a willingness to split the difference accordingly.

An examiner applies the law as the IRS reads it. Appeals asks a different question — what is the realistic chance the government would lose, and what is that risk worth? Its statutory independence (IRC §7803(e)) is the whole point. It is why the great majority of disputes that reach it are resolved there, without a courtroom.

Getting in — the door depends on where you came from

Appeals is fed from more than one station, and the entry form differs by source.

The conference

An Appeals conference is informal — typically one Appeals officer, by phone or in writing, with no examiner across the table. The taxpayer's job is to make the litigation risk visible: the unsettled law, the missing third-party proof, the sympathetic facts. That is the currency Appeals is authorized to trade in.

Getting out

The two exit clocks are not the same kind of deadline. The 90-day deficiency window is jurisdictional — miss it and the Tax Court has no power to hear the case, full stop. The 30-day collection-determination window is different: the Supreme Court held in Boechler (2022) that it is non-jurisdictional and open to equitable tolling. That is a safety net, not a plan. Both should be treated as immovable and filed well inside the window.

Why this station matters

Appeals is the last place a dispute can be resolved on its merits without the cost, delay, and exposure of litigation — and the only place the government will price its own risk. A protest that frames that risk well is worth more than one that simply re-argues the audit. Done right, this is where most matters should end.

One firm, the full arc

A protest is an advocacy document, not a form — its job is to make the government's litigation risk impossible to ignore. The same counsel who built the audit record is best placed to argue it here, and to carry it to court if Appeals won't move. Donovan Legal represents taxpayers across the entire arc, under one signature.

One firm. One signature. Full-arc defense.