Why its desirable to settle a tax dispute with an agent

 

 

Why might it usually be desirable to settle a tax dispute with an agent, rather than appealing to a higher level within the IRS? Also .. why might it sometimes be in your clients best interest to seek resolution at the higher level within the IRS?

Sample Solution

There are several reasons why settling a tax dispute with an IRS agent might be preferable to appealing to a higher level within the IRS:

Benefits of Settling with an Agent:

  • Faster Resolution:The appeals process can take months or even years, while reaching an agreement with an agent can be resolved much quicker. This can be especially beneficial if the taxpayer needs the issue resolved quickly to avoid penalties or interest accrual.
  • Lower Cost:Appealing to a higher level often involves legal fees, whereas negotiations with an agent might not require an attorney. This can save the taxpayer significant money.
  • Greater Control:During negotiations with an agent, the taxpayer may have more control over the outcome and can potentially reach a more favorable settlement.
  • Increased Likelihood of Settlement:Many agents have a certain quota for settlements, so they may be more willing to negotiate a compromise to meet their goals.

However, there are also situations where appealing to a higher level within the IRS might be in the taxpayer’s best interest:

Reasons to Appeal to a Higher Level:

  • Strong Case:If the taxpayer has a strong case supported by solid evidence and relevant tax law, appealing can be a good option. An impartial judge at a higher level might be more likely to rule in their favor than an agent who may be pressured to meet quotas.
  • Unreasonable Demands:If the agent’s proposed settlement is unreasonable and the taxpayer believes they are correct, appealing allows them to present their case to a higher authority.
  • Procedural Errors:If the taxpayer believes the IRS made procedural errors during the audit process, appealing allows them to have those errors reviewed.

Here’s a table summarizing the key points:

Option Benefits Drawbacks
Settle with Agent Faster resolution, Lower cost, More control, Increased likelihood of settlement May not get the best outcome
Appeal to Higher Level Potential for better outcome, Option for challenging unreasonable demands, Addressing procedural errors Slower resolution, Higher cost, Less control

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Ultimately, the decision of whether to settle with an agent or appeal to a higher level depends on the specific details of the tax dispute. Consulting with a qualified tax professional can help the taxpayer assess their situation and determine the best course of action.

 

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