IRS APPEALS

The Independent Office of Appeals sits between the examining function and the courthouse. It is the last place a dispute can be resolved without a judge, and it settles on a standard the examination function does not apply: the hazards of litigation.

That distinction is the whole opportunity. Examination asks whether the position is correct. Appeals asks what would happen if the case were tried, and settles accordingly.

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Thirty-day letter in hand?

It is an invitation to Appeals that expires. The protest you file is the document the settlement is priced from.

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.
THE THIRTY-DAY LETTER
Appeals authorities 30-day letter Written protest Hazards of litigation Rev. Proc. 2016-22 IRM 8.6.4

A thirty-day letter is an invitation to Appeals with an expiration date. Letting it lapse does not end the matter; it moves the matter to a statutory notice of deficiency and the ninety-day clock, with one fewer forum available to resolve it.

WHAT THE FIRM DOES
1

Drafts the written protest

the document that frames the case for the Appeals officer and, in practice, sets the ceiling on the settlement

2

Develops the litigation hazards honestly

because an Appeals officer discounts a hazards argument that is not real

3

Represents the taxpayer at the conference

4

Preserves the record for the United States Tax Court if Appeals does not resolve the matter

COUNSEL WHO CAN TRY THE CASE

A hazards-of-litigation settlement is a negotiation about what a court would likely do. That negotiation is conducted differently by a representative who could file the petition and try the matter, and by one who could not.

The detailed procedure is set out in The Appeal Station.

Examination asks whether the position is correct. Appeals asks what a court would do.

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.

A protest is the document the case is ultimately decided on. Contact the firm through the contact page or call (561) 529-5873. Representative engagements are described on the Experience page.

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