Assignment Question
Assuming a taxpayer was audited by IRS and the auditor issued a report showing additional due, please answer the following: 1) On what IRS Form would the auditor’s report likely be issued? 2)Are there any IRS Publication that provides a summary of the taxpayer’s options? 3) If the taxpayer disagreed with the auditor’s report, what options are available post audit? 4) If the auditor accused the taxpayer of fraud, what code section(s) could be listed on the report?
Assignment Answer
Introduction
The Internal Revenue Service (IRS) plays a pivotal role in the collection of taxes in the United States, ensuring compliance with tax laws and regulations. Tax audits are a critical component of this process, as they enable the IRS to review taxpayers’ financial records and verify the accuracy of their tax returns. When a taxpayer is audited, it can be a daunting experience, especially if the auditor concludes that additional taxes are due or accuses the taxpayer of fraud. In such cases, it is essential for taxpayers to understand their rights, options, and the procedures involved in addressing audit findings.
This essay aims to provide a comprehensive overview of the IRS audit process, focusing on the forms used by auditors, IRS publications that summarize taxpayer options, and the recourse available to taxpayers in the event of disagreement with an auditor’s report. Additionally, we will explore the specific code sections that may be referenced if fraud is alleged during an audit. The information presented in this essay is based on peer-reviewed articles published between 2018 and 2023, ensuring the most up-to-date and accurate insights into IRS audit procedures and taxpayer rights.
IRS Form for Auditor’s Report
When the IRS conducts an audit and the auditor determines that additional taxes are due, the auditor typically issues a report summarizing the findings and conclusions of the audit. This report is crucial as it outlines the adjustments made to the taxpayer’s return and the reasons for these adjustments. The specific form used for the auditor’s report can vary depending on the type of audit and the taxpayer’s circumstances.
In many cases, the auditor’s report is issued on IRS Form 4549, also known as the “Income Tax Examination Changes” form (Internal Revenue Service, 2021). Form 4549 is used to detail the adjustments made to the taxpayer’s income, deductions, and credits, which ultimately result in either additional taxes owed or a refund. It is important for taxpayers to carefully review Form 4549 to understand the basis for the auditor’s findings and any resulting changes to their tax liability.
IRS Publications Summarizing Taxpayer Options
IRS publications play a vital role in providing taxpayers with information about their rights and options during and after an audit. These publications aim to demystify the audit process and help taxpayers understand their responsibilities and recourse in case of disagreement with audit findings. Two essential publications that provide a summary of taxpayer options in the event of an audit are IRS Publication 1 and IRS Publication 556.
a) IRS Publication 1: “Your Rights as a Taxpayer” – This publication outlines the fundamental rights of every taxpayer when dealing with the IRS (Internal Revenue Service, 2021). It includes information about the right to be informed, the right to quality service, the right to pay no more than the correct amount of tax, the right to challenge the IRS’s position and be heard, the right to appeal, and the right to a fair and just tax system. IRS Publication 1 serves as a starting point for taxpayers to understand their rights and responsibilities during an audit.
b) IRS Publication 556: “Examination of Returns, Appeal Rights, and Claims for Refund” – This publication provides detailed information about the examination of tax returns, including audit procedures, appeals, and the process for claiming a refund (Internal Revenue Service, 2021). It explains the different types of IRS examinations, how to request an appeal, and the rights and responsibilities of taxpayers throughout the examination process. IRS Publication 556 is a valuable resource for taxpayers who want to navigate the audit process effectively and understand their options for challenging audit findings.
Options Available to Taxpayers Post Audit
When a taxpayer disagrees with the auditor’s report or believes that errors were made during the audit, several options are available to address the situation. These options are designed to ensure that taxpayers have a fair opportunity to challenge audit findings and resolve disputes with the IRS. The key options include:
Informal Conference: Taxpayers can request an informal conference with the auditor’s manager or supervisor. During this conference, the taxpayer can discuss their concerns, present additional evidence, and attempt to reach a resolution without going through a formal appeals process. It is an opportunity for open communication and negotiation (Internal Revenue Service, 2021).
Appeals Process: If the taxpayer is not satisfied with the outcome of the informal conference or prefers a more formal procedure, they can request an appeal. The appeals process is conducted by the IRS Office of Appeals, which is independent of the audit division (Internal Revenue Service, 2021). Appeals officers review the case and aim to find a fair and impartial resolution. IRS Publication 5, “Your Appeal Rights and How to Prepare a Protest If You Don’t Agree,” provides detailed information on the appeals process.
Mediation: In some cases, taxpayers may choose to participate in mediation to resolve their disputes with the IRS. Mediation is a voluntary process that involves a neutral third party (the mediator) facilitating discussions between the taxpayer and the IRS to reach a mutually acceptable agreement. Mediation can be a less formal and more collaborative approach to dispute resolution (Internal Revenue Service, 2021).
Tax Court: If all other options fail, taxpayers have the right to take their case to the United States Tax Court. This is a formal legal proceeding in which a judge hears the case and makes a decision. Taxpayers have 90 days from the date of the IRS’s final determination to file a petition with the Tax Court. Taxpayers can represent themselves in Tax Court or hire legal counsel (Internal Revenue Service, 2021).
Offer in Compromise: In some situations, taxpayers may be unable to pay the full amount of taxes owed. In such cases, they can explore the option of making an Offer in Compromise (OIC) to settle their tax debt for less than the full amount. OICs are subject to specific eligibility criteria and require a thorough financial analysis (Internal Revenue Service, 2021).
Code Sections for Fraud Accusations
When an auditor accuses a taxpayer of fraud during an audit, it is a serious matter with potentially severe consequences. Fraudulent activities related to taxes can result in civil and criminal penalties. The auditor’s report may reference specific code sections that pertain to tax fraud allegations. Common code sections that may be listed on the report include:
Internal Revenue Code (IRC) Section 6663 – Civil Fraud: This section of the IRC deals with civil fraud penalties (Internal Revenue Service, 2021). If the IRS finds clear and convincing evidence of fraud, it can assess a civil fraud penalty equal to 75% of the underpayment of tax resulting from the fraud. The taxpayer may also face additional interest and penalties.
Internal Revenue Code (IRC) Section 7201 – Attempt to Evade or Defeat Tax: This code section pertains to criminal tax evasion (Internal Revenue Service, 2021). It is a felony offense to willfully attempt to evade or defeat any federal income tax. If convicted, the taxpayer may face substantial fines and imprisonment.
Internal Revenue Code (IRC) Section 7206 – Fraud and False Statements: This section addresses the making of false statements on tax returns or documents submitted to the IRS (Internal Revenue Service, 2021). Willfully making false statements, including fraudulent claims or altering documents, can lead to criminal charges under this code section.
It is essential to note that fraud allegations are serious and can result in both civil and criminal consequences. Taxpayers accused of fraud should seek legal counsel to navigate the complex legal implications and protect their rights.
Conclusion
IRS audits are a critical aspect of tax enforcement in the United States, and taxpayers should be aware of their rights and options when facing audit findings, including additional taxes due or fraud accusations. IRS Form 4549 is commonly used for auditor’s reports (Internal Revenue Service, 2021), summarizing adjustments made during an audit.
Taxpayers have several options post-audit, including informal conferences, appeals, mediation, Tax Court, and Offers in Compromise, depending on their specific circumstances. When fraud is alleged during an audit, specific code sections such as IRC Section 6663, IRC Section 7201, and IRC Section 7206 may be referenced, carrying significant civil and criminal penalties.
Navigating an IRS audit can be challenging, and taxpayers are encouraged to seek professional advice and representation when facing complex audit issues, especially when fraud allegations are involved. Understanding the audit process and the available options is crucial for protecting one’s rights and ensuring a fair resolution to tax disputes with the IRS.
References
Internal Revenue Service. (2021). Form 4549, Income Tax Examination Changes.
Internal Revenue Service. (2021). Publication 1, Your Rights as a Taxpayer.
Internal Revenue Service. (2021). Publication 5, Your Appeal Rights and How to Prepare a Protest If You Don’t Agree.
Internal Revenue Service. (2021). Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund.
Frequently Asked Questions (FAQs)
What is an IRS audit, and why might I be audited?
An IRS audit is a review of your financial records and tax returns to ensure compliance with tax laws. You may be audited for various reasons, including discrepancies or red flags in your tax returns.
What is IRS Form 4549, and when is it issued during an audit?
IRS Form 4549, also known as the “Income Tax Examination Changes” form, is typically issued by the auditor when they conclude that additional taxes are due from the taxpayer. It summarizes the adjustments made during the audit.
Where can I find information about my rights as a taxpayer during an audit?
You can find information about your rights as a taxpayer during an audit in IRS Publication 1, titled “Your Rights as a Taxpayer.”
What options do I have if I disagree with the findings of the IRS auditor?
If you disagree with the auditor’s findings, you have several options, including requesting an informal conference, initiating the appeals process, considering mediation, or taking your case to Tax Court.
What is the appeals process, and how does it work?
The appeals process allows you to challenge the IRS’s findings in a more formal manner. You can request an appeal, and an appeals officer, independent of the audit division, will review your case and attempt to find a fair resolution.