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Wednesday, July 29, 2009

Should I follow-up with the IRS Auditor if I haven't Heard from them in Months?

If the IRS is auditing you and you haven’t heard from your auditor in months, this may not be a bad thing. Perhaps your auditor was terminated or transferred. Another explanation is that your file could be sitting at the IRS to be processed or the file may simply be in a pile being over looked or even better, misplaced. Either way, this could result in your favor since the IRS auditors do have deadlines.

The IRS auditors have deadlines that must be followed with regards to closing your file. This is usually within 28 months from the date you filed your return or the date that it was due which is always on April 15th. The exception to that is August 15th if you filed for an automatic extension via form 4868. If you filed for a second extension using the form 2668 then October 15th would be your deadline. If extenuating circumstances have taken place on the auditor’s behalf, the IRS legally has an additional 8 months to complete your audit. That additional 8 months is time that the IRS does not want to spend having your case open and investigated, as this time is set aside for the appeals process.

Let me give you an example. If you file your 2006 return on April 15th, 2007, then 28 months from then is August 15th 2008. The eight months remaining isn’t for investigative purposes but rather for appeals processing. If you filed for an extension then the 28 months can begin as of August 15th, making the deadline for the auditor December 15th 2008. The same applies for the second extension and so on.
Calling the IRS may result in your file being found in a timely fashion. On the other hand, leaving it alone may result in the time expiring for the IRS to complete the audit. If that happens, you may be free and clear due to your file being over looked, misplaced or the auditor’s unfortunate termination. Either way, you should always remain calm and patient. Expediting the process will not help you in any way and may even be to your detriment. Do not call, email or contact the IRS in any way. Continue to do business as normal, being sure to accurately file any taxes in subsequent years. Knowing your rights and their deadlines is imperative in this situation.

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