Audits

IRS Audit: Your Answers Matter More Than Your Receipts

Most audits are civil. Some are not as simple as they look.

An IRS audit is not an accusation. It is a review. But the examiner can summon records and testimony under IRC 7602, and what you say goes in the file.

Types of audits

Correspondence audits happen by mail. Office audits happen at an IRS office. Field audits happen at your home or business. Each one needs a different level of preparation.

Your rights in the interview

IRC 7521 lets you make an audio recording of an in-person interview with advance notice, and requires the employee to suspend the interview if you clearly say you want to consult a representative, except in an interview initiated by summons.

When an audit is more than an audit

If the returns under review contain problems you know were not mistakes, you are in what lawyers call an eggshell audit. Talk to a lawyer before the next meeting.

You can disagree

Proposed adjustments can be appealed, and a notice of deficiency can be petitioned to the Tax Court. See Tax Court.

General information only, not legal advice. Reading this page does not create an attorney-client relationship. Laws and IRS procedures change; the sources cited were reviewed on the date shown above.

Before you talk to an agent

Exposure is a legal problem. Treat it like one.

If you think a tax problem could carry criminal exposure, talk to a lawyer before you talk to the IRS. Conversations with your lawyer are privileged. Conversations with an agent are evidence.