Free Download
If you’re having tax problems

How to Appeal a Past Tax Audit

IRS audit reconsideration

Finding out the IRS is auditing your tax return can be stressful enough, but  what happens if you disagree with the federal agency’s findings on a previous tax return?  No fear – you have options when trying to appeal an IRS tax audit.

With the help of a tax attorney, you can file for a reconsideration audit.  Find out what an audit reconsideration is and how to qualify.


Key Insights We Will Discuss

  1. What is an audit reconsideration?
  2. How to qualify for an audit reconsideration.
  3. Benefits of hiring a tax attorney.


What Is an Audit Reconsideration?

When you disagree with the findings of an IRS audit, you can file an audit reconsideration to re-open it.  According to the IRS, this process can be used by individuals who disagree with their audit by the federal agency.  It is also an option for people who disagree with a return that was created for them by the IRS when they failed to file their own tax return.

How to Qualify for an Audit Reconsideration

The audit reconsideration process can be used in specific cases.  Some reasons you might qualify for this option can include:

  • If you have new information that the IRS did not previously take into consideration regarding your income or expenses.
  • If you disagree with the amount the federal agency says you owe.
  • If you failed to appear for an audit appointment or neglected to send the IRS your information.
  • If you moved and never received the federal agency’s audit report.

The IRS will not consider your request for an audit reconsideration if:

  • You already paid the IRS the full amount you owed as a result of the audit.  In this situation, you need to file a formal claim for a refund with the IRS.  You must file IRS Form 1040X for this request.
  • You already agreed to pay the amount you owe.  Signing Form 906, an Offer in Compromise or Form 870-AD can be considered an agreement to pay the amount owed.
  • A U.S. Tax Court or another court has determined you owe taxes.

How a Tax Attorney Can Help

There are several steps you need to follow when submitting a request for an audit reconsideration to the IRS.  This can include providing several documents and forms.  It is important to have a tax attorney help you with this process to ensure you are only providing the necessary information to the federal agency.

Contact an Attorney

If you want to appeal an audit, call Ayar Law at 800.571.7175 to receive free, no-obligation tax advice from a tax attorney.


Executive Summary

  • You can request an audit reconsideration if you disagree with the results of an IRS audit.
  • One way you can try to qualify for an audit reconsideration is if you have new information regarding your income.
  • A tax attorney can provide guidance on how to fill out the required forms.
  • Contact Ayar Law to get free, no-obligation legal advice about your tax matter at 800.571.7175


Venar Ayar, Esq.

Venar Ayar, Esq.

Attorney-at-Law, Master of Laws in Taxation
Principal and founder, Ayar Law

Venar is an award-winning tax attorney ranked as a Top Lawyer in the field of Tax Law. Mr. Ayar has a Master of Laws in Taxation – the highest degree available in tax, held by only a small number of the country’s attorneys.