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Students taxes 11. Students taxes Your Rights as a Taxpayer Table of Contents Declaration of Taxpayer Rights Examinations, Appeals, Collections, and RefundsBy mail. Students taxes By interview. Students taxes Repeat examinations. Students taxes The first part of this chapter explains some of your most important rights as a taxpayer. Students taxes The second part explains the examination, appeal, collection, and refund processes. Students taxes Declaration of Taxpayer Rights Protection of your rights. Students taxes IRS employees will explain and protect your rights as a taxpayer throughout your contact with us. Students taxes Privacy and confidentiality. Students taxes The IRS will not disclose to anyone the information you give us, except as authorized by law. Students taxes You have the right to know why we are asking you for information, how we will use it, and what happens if you do not provide requested information. Students taxes Professional and courteous service. Students taxes If you believe that an IRS employee has not treated you in a professional, fair, and courteous manner, you should tell that employee's supervisor. Students taxes If the supervisor's response is not satisfactory, you should write to the IRS director for your area or the center where you file your return. Students taxes Representation. Students taxes You can either represent yourself or, with proper written authorization, have someone else represent you in your place. Students taxes Your representative must be a person allowed to practice before the IRS, such as an attorney, certified public accountant, or enrolled agent. Students taxes If you are in an interview and ask to consult such a person, then we must stop and reschedule the interview in most cases. Students taxes You can have someone accompany you at an interview. Students taxes You can make sound recordings of any meetings with our examination, appeal, or collection personnel, provided you tell us in writing 10 days before the meeting. Students taxes Payment of only the correct amount of tax. Students taxes You are responsible for paying only the correct amount of tax due under the law—no more, no less. Students taxes If you cannot pay all of your tax when it is due, you may be able to make monthly installment payments. Students taxes Help with unresolved tax problems. Students taxes The Taxpayer Advocate Service can help you if you have tried unsuccessfully to resolve a problem with the IRS. Students taxes Your local Taxpayer Advocate can offer you special help if you have a significant hardship as a result of a tax problem. Students taxes For more information, call toll free 1-877-777-4778 (1-800-829-4059 for TTY/TDD) or write to the Taxpayer Advocate at the IRS office that last contacted you. Students taxes Appeals and judicial review. Students taxes If you disagree with us about the amount of your tax liability or certain collection actions, you have the right to ask the Appeals Office to review your case. Students taxes You can also ask a court to review your case. Students taxes Relief from certain penalties and interest. Students taxes The IRS will waive penalties when allowed by law if you can show you acted reasonably and in good faith or relied on the incorrect advice of an IRS employee. Students taxes We will waive interest that is the result of certain errors or delays caused by an IRS employee. Students taxes Examinations, Appeals, Collections, and Refunds Examinations (audits). Students taxes We accept most taxpayers' returns as filed. Students taxes If we inquire about your return or select it for examination, it does not suggest that you are dishonest. Students taxes The inquiry or examination may or may not result in more tax. Students taxes We may close your case without change; or, you may receive a refund. Students taxes The process of selecting a return for examination usually begins in one of two ways. Students taxes First, we use computer programs to identify returns that may have incorrect amounts. Students taxes These programs may be based on information returns, such as Forms 1099 and W-2, on studies of past examinations, or on certain issues identified by compliance projects. Students taxes Second, we use information from outside sources that indicates that a return may have incorrect amounts. Students taxes These sources may include newspapers, public records, and individuals. Students taxes If we determine that the information is accurate and reliable, we may use it to select a return for examination. Students taxes Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund, explains the rules and procedures that we follow in examinations. Students taxes The following sections give an overview of how we conduct examinations. Students taxes By mail. Students taxes We handle many examinations and inquiries by mail. Students taxes We will send you a letter with either a request for more information or a reason why we believe a change to your return may be needed. Students taxes You can respond by mail or you can request a personal interview with an examiner. Students taxes If you mail us the requested information or provide an explanation, we may or may not agree with you, and we will explain the reasons for any changes. Students taxes Please do not hesitate to write to us about anything you do not understand. Students taxes By interview. Students taxes If we notify you that we will conduct your examination through a personal interview, or you request such an interview, you have the right to ask that the examination take place at a reasonable time and place that is convenient for both you and the IRS. Students taxes If our examiner proposes any changes to your return, he or she will explain the reasons for the changes. Students taxes If you do not agree with these changes, you can meet with the examiner's supervisor. Students taxes Repeat examinations. Students taxes If we examined your return for the same items in either of the 2 previous years and proposed no change to your tax liability, please contact us as soon as possible so we can see if we should discontinue the examination. Students taxes Appeals. Students taxes If you do not agree with the examiner's proposed changes, you can appeal them to the Appeals Office of the IRS. Students taxes Most differences can be settled without expensive and time-consuming court trials. Students taxes Your appeal rights are explained in detail in both Publication 5, Your Appeal Rights and How To Prepare a Protest If You Don't Agree, and Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund. Students taxes If you do not wish to use the Appeals Office or disagree with its findings, you may be able to take your case to the U. Students taxes S. Students taxes Tax Court, U. Students taxes S. Students taxes Court of Federal Claims, or the U. Students taxes S. Students taxes District Court where you live. Students taxes If you take your case to court, the IRS will have the burden of proving certain facts if you kept adequate records to show your tax liability, cooperated with the IRS, and meet certain other conditions. Students taxes If the court agrees with you on most issues in your case and finds that our position was largely unjustified, you may be able to recover some of your administrative and litigation costs. Students taxes You will not be eligible to recover these costs unless you tried to resolve your case administratively, including going through the appeals system, and you gave us the information necessary to resolve the case. Students taxes Collections. Students taxes Publication 594, The IRS Collection Process, explains your rights and responsibilities regarding payment of federal taxes. Students taxes It describes: What to do when you owe taxes. Students taxes It describes what to do if you get a tax bill and what to do if you think your bill is wrong. Students taxes It also covers making installment payments, delaying collection action, and submitting an offer in compromise. Students taxes IRS collection actions. Students taxes It covers liens, releasing a lien, levies, releasing a levy, seizures and sales, and release of property. Students taxes Your collection appeal rights are explained in detail in Publication 1660, Collection Appeal Rights. Students taxes Innocent spouse relief. Students taxes Generally, both you and your spouse are responsible, jointly and individually, for paying the full amount of any tax, interest, or penalties due on your joint return. Students taxes To seek relief from any liability related to your spouse (or former spouse), you must file a claim on Form 8857, Request for Innocent Spouse Relief. Students taxes In some cases, Form 8857 may need to be filed within 2 years of the date on which the IRS first attempted to collect the tax from you. Students taxes Do not file Form 8857 with your Form 1040. Students taxes For more information, see Publication 971, Innocent Spouse Relief, and Form 8857 or you can call the Innocent Spouse office toll-free at 1-855-851-2009. Students taxes Refunds. Students taxes You can file a claim for refund if you think you paid too much tax. Students taxes You must generally file the claim within 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later. Students taxes The law generally provides for interest on your refund if it is not paid within 45 days of the date you filed your return or claim for refund. Students taxes Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund, has more information on refunds. Students taxes If you were due a refund but you did not file a return, you must file within 3 years from the date the return was due (including extensions) to get that refund. Students taxes Prev Up Next Home More Online Publications