Discussion:Request for time on audit date

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Discussion Forum Index --> Basic Tax Questions --> Request for time on audit date
Discussion Forum Index --> Tax Questions --> Request for time on audit date

Roger10 (talk|edits) said:

4 March 2008
I've had a taxpayer call me who received a 02-25-08 notice for a TCMP audit. They went on to inform me that they had already agreed to a 03-18 date, but were considering reaching out for help. I told them that if I were to represent them, the audit would have to be re-scheduled to after 04-15 (they were indecisve and not willing to give me a POA at that time). Two days goes by, I get another call, and am told that they called the IRS for re-scheduling but were flatly denied anything beyond 30 days from the original notice. They are now willing to execute a POA. Anyone have opinions on the legitimacy of the auditor's position on the 30 day limit?

Scottycoyote (talk|edits) said:

4 March 2008
if this is the first request i dont think they can flatly deny an extension of time due to the circumstances (them hiring you to represent them). Id talk to the auditor and just tell him that date doesnt work for you and you need to do it after tax season. If that doesnt work id ask to speak to their supervisor.

Roger10 (talk|edits) said:

4 March 2008
Thanks Scott.

I was of similar opinion, and your confirmation is much appreciated.

JAD (talk|edits) said:

4 March 2008
Roger, please post back and let us know how it goes. I'm interested because I have been told very clearly by a couple of auditors that my workload is not an issue to them - it does not impact their scheduling. I wonder what would happen if the client simply said that they cannot get representation unless it is after tax season, rather than saying that they have a representative but he is busy until then.

Zornundo (talk|edits) said:

2008-03-04
Don't rep them if you can't fit them in during tax season. You try and ask for after tax season and you'll probably be denied. Our work is steady all year long, so I'll just apologise in advance.

Roger10 (talk|edits) said:

4 March 2008
JAD,

Will let you know.

An associate of mine (just today) had no problem re-scheduling to Apr 30th on an audit issued prior to the original subject of this discussion. However, there was a denial to relocate the audit to a different IRS office. I've never asked for the aforementioned but always thought it possible ... without that flex, preparing retunrs for out of state clients looms sticky.

Roger10 (talk|edits) said:

4 March 2008
Zorn,

How does one represent their clients (and defend their work) when the next six weeks is already booked? The only way to be equally busy all year is to be cavalier about placing clients on extension.


Perhaps, what you are saying is that I should start the request with a different reasoning ... with that I will agree.

Bottom Line (talk|edits) said:

4 March 2008
Roger, read his profile. Zornundo is an IRS agent.

Lancermc (talk|edits) said:

4 March 2008
Is it with in his power, does he have the authority, to weigh in on a public forum? It seems his advice however informal, could be construed as speaking for the government in an official capacity.

Irsfixer (talk|edits) said:

4 March 2008
He is also showing false bravado. You can get another 6 weeks without breaking a sweat.

Lancermc (talk|edits) said:

4 March 2008
There you have it, IRSfixer would know, and it only makes sense the IRS would give the taxpayer time.

JAD (talk|edits) said:

4 March 2008
I think Zornundo has a right to be here, and I think his contribution was valid and kindly made, not with false bravado. He even apologized in advance. Also, an agent's input on some of the discussions we have here, including this one, can be useful.

Roger10, one thing that I did that worked for me was a give-and-take with the agent. We happened to have an appt scheduled that he couldn't make. Then he wanted to reschedule within a few days of 10/15. I told him I was happy to reschedule for his conflicts, but I needed something in return....his consideration of mine. Said nicely and with a smile, and it all worked out.

Bottom Line (talk|edits) said:

4 March 2008
I also am happy to have an IRS person posting here.

Kevinh5 (talk|edits) said:

4 March 2008
I routinely don't schedule client appointments on Wednesdays. That is my day to catch up on work and to squeeze in emergencies.

I had a client get audited one tax season and I requested the appointment be moved to after tax season, the IRS said 'no'. I then requested that the appointment be moved to a Wednesday, which was completely free. The IRS agent said "we don't do audit appointments on Wednesdays." I said "No problem, let's schedule the appointment for after 8 PM when I am finished with my clients." Of course you know that the agent doesn't work as late as we do.

"Well there you have it, I've given you 3 alternatives and you won't take any of them. It looks like you are being totally unreasonable in wanting me to come to your one appointment, for which I already am booked with another client. If you can't handle the audit on a mutually agreeable appointment, let's see if we can get it transferred to someone who CAN be reasonable."

I don't remember the result (this was about 8 or 9 years ago), but it was either postponed or they made an exception and let me come in on a Wednesday. I know they didn't go for the 8 PM option.

Taxstudent (talk|edits) said:

4 March 2008
IRS and state officials post at quatloos.com and many read these message boards and various listservs. I wouldn't be surprised if they soon had agents and attorneys dedicated to answering questions online. It would save us all a tremendous amount of time.

Kevinh5 (talk|edits) said:

4 March 2008
This turned out to be a no change audit in the end, you do have to know your client and determine how far to push things.

Lancermc (talk|edits) said:

4 March 2008
Well, if he is going to post he needs to check his facts, and not shoot first and take names later. It is obvious that an extension can be requested and may be granted. My worst experiences with the IRS have been with those not well informed. Actually when I think about it my best experiences have been with Appeals Officers.

Kevinh5 (talk|edits) said:

4 March 2008
Lancer, let's just assume that this was a statment of desire on Zorn's part: he/she would desire that we don't accept a client for whom we can't adequately represent. The counter argument is that many of us CAN adequately represent the client, and that part of adequately representing the client is to move the audit to a time when we can give it proper attention.

Bottom Line (talk|edits) said:

4 March 2008
About five years ago the IRS did respond to questions via email. They stopped it. Guess too many wrong answers in writing.

Lancermc (talk|edits) said:

4 March 2008
Well, Kevinh5, I have to agree. Christ I have been researching whether or not to attach a Disclosure Statement to a return for days now. A real energy drain, however who wants a 6662 penalty? I really truly want it to be done correctly. Every return has its own issue that needs to be checked out thoroughly. I honestly would not want to take on a audit for the next six weeks. However if it was an existing client where I prepared the return I would be obligated. And yes, I went to pick up a booklet to mail to an attorney who lives out in the boonies and likes to manually prepare his return, the local IRS office is five blocks from my office, and of course they were closed at 5:05PM.

Roger10 (talk|edits) said:

4 March 2008
Zorn,

Now that your profile has been revealed to me ...

No personal insult, but allow me to point out that it is your employer and the US Congress who have created this mess. Again, it is not entirely feasible to spread PRIVATE tax work over the entire year. In that aforementioned regard, you do realize that there is a difference between civil employment busy and private tax practice busy.

The object of the tax system, inclusive of audits, should be the fair levy of the proper tax, a task that should be executed in as reasonable manner as possible. The complex nature of taxation and associated need of representation combined with the unavoidable stress on professionals at this narrow time of year should dictate some appropriate flexibility on the part of the IRS. That is the usual case, and I would suggest that anything less is simply indicative of someone trying to play hardball.

If this subject is pushed to question in court, who do you think the court will favor ... a spirit of co-operation or hardball ... my inclination or yours?

Kevinh5 (talk|edits) said:

4 March 2008
Roger, that is why you would want to follow up your verbal request with a letter so that you have documentation of all of the options you offered. You do want to have tried to be flexible and come up with some alternatives.

Roger10 (talk|edits) said:

4 March 2008
Kevin;

Good point - thanks.

Irsfixer (talk|edits) said:

4 March 2008
If the exam letter was sent out in early January, the agent may have a point about waiting until after 04/15 to start the exam. But 02/25? Give me a break. Tell the agent if he is feeling froggy to jump.

Lancermc (talk|edits) said:

4 March 2008
Yeah, there are going to be alot of qualified tax professionals sitting in there office on 2/25 hoping an exam will come through the door.

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