Receiving a tax notice from the IRS or a state department of revenue may not be what you were hoping

Fkatz

Veteran Expediter
Charter Member
Here is a copy of information with reference to receiving and audit Letter (CP2000)

A taxing authority such as the IRS or your State Department of Revenue will issue a written notice under various scenarios, some of which are discussed below. (Note that the initial contact is always by mail; if you receive a phone call or an e-mail, purportedly from the IRS or other tax authority, it is fraudulent, and you should hang up without revealing any personal information.)

The notice will set forth the reasons for its issuance and, if applicable, the additional tax it asserts is due, often adding interest and penalties to the assessment. The notice typically also sets forth a due date for response from the taxpayer. They may also give a telephone number, but in our experience it’s preferable to respond to most notices in writing, both because of the written record it produces and to avoid long hold times.

An initial step in analyzing a tax notice is to determine its nature. Many propose an adjustment to tax, often an increase, but sometimes a decrease. The most common reason for adjusting tax upward is understatement of income. For example, the IRS may say it received information from a broker or other payer reporting income, which it believes the taxpayer did not pick up on the tax return.

Another frequent occurrence is a mismatch between tax payments on record with the taxing authority and payments reported on the tax return. While this will not change the tax computation, it will affect the refund or payment due. In these cases it’s usually a straightforward analysis as to whether or not the IRS is factually correct. Sometimes they are, sometimes not.

If they are correct, the matter is resolved by paying any amount due. But if the notice is erroneous, the most successful approach to challenging it is to write and submit a clear and succinct response explaining why you are contesting the notice and including supporting documentation backing up your position. That approach frequently succeeds in abating the assessed tax after a single letter. Occasionally the matter is prolonged and results in multiple communications. In the rare case where a satisfactory result isn’t obtained, you can address that have available options. If you would have to have your tax preparer handle it for you, You would have to sign a Power of Attorney for him to continue the communication with the IRS's representative.

Other notices require a more comprehensive approach. For example, the notice may question the manner in which an item was (or was not) reported, and the response may require discussion of the tax code or regulations or other authority. Again, clarity of response is crucial. If the IRS representative doesn’t understand the position set forth in the response, they are unlikely to change their original assessment.

Still other notices are basically seeking information. For example, the State of Illinois does not receive copies of W-2s from employers, so they may ask for a copy of the W-2 to support the tax withholding claimed on the tax return.

In any event, if you receive a tax notice it is important that you do not disregard it, whatever the nature of the notice may be. You should not panic. If you do disregard the initial notice and there’s additional tax due, further notices will be issued. As time elapses the notices get more severe in nature, and will eventually result in a notice of lien or an intent to levy. You as a taxpayers do not want to find yourselve in a lien or levy situation, and the best way to avoid those is to promptly address the initial notice.

This is only advice, it is up to you the taxpayer to notify your tax preparer/CPA or other person who prepared the return for you, or if you prepared the return yourself, YOU BETTER HAVE THE DOCUMENTATION TO PROVE WHAT YOU CLAIMED AS A DEDUCTION, OR DID YOU MISS REPORTING INCOME??

Franklln Katz, ATP, PA, PB
Frank’s Tax and Business Service
315 E. King St.
Kings Mountain,NC28086-3151
(704) 739-4039
Fax: (704) 739-3934
e-mail:[email protected]
Web Site: Welcome | Frank's Tax $ Business Service



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