Mediating an IRS Dispute

Sometimes the IRS makes mistakes. And when they do, you should fight to receive a fair and just result. Fortunately, the IRS has created an appeals process that involves negotiated settlement instead of litigation, which can save you time and money. However, you shouldn’t appeal any IRS decision without an experienced IRS tax lawyer by your side.

Fast Track Mediation

Mediation is a form of guided settlement, where the parties in dispute meet with a neutral third person, the mediator. The mediator is skilled at getting people to listen to each other and can offer a recommendation on how to settle your disagreement. Mediation is entirely voluntary, and either side can walk away at any time. Although each situation is a little different, the entire mediation process generally takes around 30-40 days.

IRS Fast Track Mediation is available for taxpayers to resolve offer in compromise and trust fund recovery penalty disputes. Mediation is particularly appropriate if you and the IRS are disputing any of the following:

  •         A dispute over the value of your assets.
  •         Whether the taxpayer qualifies to deviate from national or local expense standards.
  •         Whether a taxpayer’s contributions to a retirement account are mandatory or discretionary.
  •         Whether a person willfully failed to collect, account for, or pay a tax.

To start the process, the taxpayer and the IRS will sign Form 13369, Agreement to Mediate, which transfers the case to mediation. On this form, you will explain your position and cite any relevant court decisions or laws that support your argument.

How an IRS Tax Lawyer Can Help

As a requirement of mediation, each party must be represented by someone who has the authority to settle the dispute. This means that a taxpayer can be represented by their tax lawyer and doesn’t need to attend the mediation discussions at all. A skilled IRS tax lawyer provides many additional benefits, including the following:

  • A lawyer understands the mediation process and will feel comfortable from the start.
  • An IRS tax lawyer can make a compelling legal case in your written Form 13369 submission because a tax lawyer understands the relevant law.
  • A tax lawyer with mediation experience is a skilled negotiator who can make an offer that is attractive to the IRS.
  • An experienced lawyer can go into mediation with realistic expectations about what is possible.

Conversely, if you attempt to negotiate a settlement yourself, you’ll be up against seasoned IRS administrative professionals who understand the process and the law inside-out and will use this knowledge to their advantage. The best way to level the playing field is to hire an experienced IRS tax lawyer as your representative.

Contact a Georgia IRS Tax Lawyer Today

Avoiding litigation can save you time and money, but you still need a skilled IRS tax lawyer by your side. Jeff Cohen, Attorney at Law, has practiced IRS tax law for over 30 years and is prepared to help you obtain a swift resolution to your case. Call today, 404-937-1414, or fill out an online contact form. Serving both Atlanta and Marietta.

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