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You can ask, but do not file an amendment unless your auditor expressly says that it's okay. Follow your auditor's instructions to the letter.
I keep receiving/reading conflicting information. The examiner said that I could amend my return and send it to their office. At the Appeals level, the officer said to send their office a copy if I decided to submit an amended return to the processing center. Trying to find a smart and reliable attorney has been challenging.
we don't know what the auditor changed. since you evidently lost in appeals, what would you be changing that you did not or could not provide support for at the audit or appeals level. if you file an amended return it's going to have to be for something other than what was changed and you agreed to. do not file such a return for a change you agreed to. this would cause more problems. you could prepare your own amended return but you would have to start with the changes that were made in the audit. if you want a lawyer, just search the web for a tax lawyer in your state or call your state bar association for a recommendation. i should warn you ask what it will cost if they agree to take your case since it will be expensive
I have a complicated case. Auditor summoned me for in person meeting, then gave me a few months to prepared for in-person audit. I brought my 2 boxes and averything was there - specific expense listings, statements, receipts, etc. The only thing missing was a detailed mileage log. There was an outstanding question about a fairly small amount of income I was not claiming. My first appeal case was rejected as they cited documentation while having all the substantiation. Appeals returned later offering audit reconsideration and I did not re-submit the package, so I got moved to collections. The revenue officer at collections gave me the option to file another appeal (CDP) so we are back at square 1.
I retained an attorney after the first meeting with the examiner and they advised me not to negotiate anything on my own. They also said that we should pursue an OIC and advised me NOT to pay anything on the balance until we had a settlement offer. This was bad counsel. Everything isn't their fault, but that was very bad advice for my case, because I did wait too long to make payments on the tax I did owe. I have been looking for a new attorney for about 3 months now and I am managing the current appeal on my own.
They're off by a significant amount for the income of 1 tax year and then they are trying to double-tax some of the income in a couple of other years. This is aging me very fast.
the amended return will not work. apparently, you will report less revenue than was determined on audit so it's likely it will be rejected or you could find the IRS looking at it as fraudulent. we do not know what happened in the audit or why you couldn't prove to the IRS at that time that it was wrong. you could hire a CPA or attorney that does tax litigation but It will do no good unless you can provide documentation to prove your position.
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