When an IRS examination proposes additional tax or penalties, the examiner may issue a report with a letter explaining the right to request review by the IRS Independent Office of Appeals. This is commonly called a 30-day letter because the stated response period is often 30 days.
Appeals is separate from Examination
Appeals is intended to provide an independent administrative review based on the hazards of litigation. The Appeals officer is not simply a second auditor. A well-prepared protest should identify the disputed adjustments, explain the factual record, cite the controlling authority, and show why the government’s position should not prevail in whole or in part.
What belongs in a protest
- The taxpayer’s identity, tax periods, and contact information.
- A clear statement that Appeals review is requested.
- Each proposed adjustment that remains disputed.
- The relevant facts, documents, and legal authorities for each issue.
- A declaration regarding the truth of the facts stated in the protest.
- Any penalty defenses and the evidence supporting reasonable cause or another standard.
Do not confuse the letters
A 30-day letter generally concerns administrative appeal rights. A statutory Notice of Deficiency generally starts the separate period for filing a petition with the United States Tax Court. If the examination proceeds to a deficiency notice, continuing negotiations do not ordinarily extend the Tax Court deadline.
Use the administrative record strategically
An appeal is strongest when the evidence and legal issues are organized before the conference. Missing records, unsupported estimates, inconsistent explanations, and new issues can slow or weaken the process. The tax-account MRI should include the examination file, information-document requests, correspondence, workpapers, return positions, and procedural history.
Some cases are excluded from ordinary Appeals consideration, and special procedures can apply to employment tax, partnership, collection, and other disputes. The letter actually received controls the immediate route.