IRS Introduces Programs For Enrolled Agent Representation of Taxpayers
Posted by | Posted on 14-01-2012
Two appeal programs are available for an enrolled agent to present certain taxpayer problems to a high level IRS officer. These optional procedures provide potential resolution of stalemates with field level employees.
The appeals choices are mediation or arbitration. They are valuable tools for enrolled agent work. Appeals using mediation or arbitration are heard by advanced grade IRS employees. These well-trained officers have considerable discretion when assessing a person’s dispute with the IRS.
An EA practice provides important alternatives when presenting a taxpayer with the avenues of mediation or arbitration. Improving the possibility of immediate settlement with the IRS is often far more attractive to taxpayers than waiting for a federal court to decide a matter.
Appeals cases don’t require an attorney. They are, however, commonly conducted as enrolled agent jobs. This permits the EA to build a defensible position for a taxpayer and conduct the presentation to a mediator or arbitrator.
Either the taxpayer or the IRS may request non-binding mediation. A taxpayer may decline a mediation request by the IRS. Mediation is a dispute resolution process that uses a collaborative approach between the parties. A mediator obtains information from each party and presents reasonable alternatives that are potentially persuasive to both. The taxpayer’s representative and an IRS agent are present at the mediation, but normally in different rooms for the mediator to hold separate discussions.
Arbitration is more like a trial court process, but informally conducted. The costs for arbitration are significantly lower than a court. Plus, arbitration provides faster decisions than a court judge. An arbitration ruling is given in favor of one party, which is unlike mediation that has no declared winning side. In addition, arbitration results are binding on the parties. They must accept the decision of the arbitrators. A mediator has no authority to bind the parties like an arbitrator. A request for binding arbitration is made jointly by IRS Appeals and a taxpayer.
IRS appeal criteria are available for enrolled agent study by examining Revenue Procedure 2002-44 and Announcement 2008-111. A mediation procedure helps decide both legal and factual issues. Only factual matters are decided in arbitration cases. So, the preparation is a little different for each appeal process.
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Pursuant to the requirements of the Internal Revenue Service Circular 230, we inform you that, to the extent any advice relating to a Federal tax issue is contained in this communication, including in any attachments, it was not written or intended to be used, and cannot be used, for the purpose of (a) avoiding any tax related penalties that may be imposed on you or any other person under the Internal Revenue Code, or (b) promoting, marketing or recommending to another person any transaction or matter addressed in this communication.





