
The following is a direct copy of IRS information which we are posting for your
benefit. Worthington Group.
IRS
Department of the Treasury
Internal Revenue Service
Publication 1
(Rev. August 2000)
Catalog Number 64731W
www.irs.gov
Your Rights as a Taxpayer
The first part of this publication explains some of your most important
rights as a taxpayer; The second part explains the examination, appeal, collection, and
refund processes. This publication is also available in Spanish.
THE IRS MISSION
PROVIDE AMERICA'S TAXPAYERS TOP QUALITY SERVICE BY HELPING THEM UNDERSTAND AND MEET
THEIR TAX RESPONSIBILITIES AND BY APPLYING THE TAX LAW WITH INTEGRITY AND FAIRNESS TO ALL.
Declaration of Taxpayer Rights
1. Protection of Your Rights
IRS employees will explain and protect your rights as a taxpayer throughout your contact
with us.
2. Privacy and Confidentiality
The IRS will not disclose to anyone the information you give us, except as authorized by
law. 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.
3. Professional and Courteous Service
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. 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.
4. Representation
You may either represent yourself or, with proper written authorization, have someone else
represent you in your place. Your representative must be a person allowed to practice
before the IRS, such as an attorney, certified public accountant, or enrolled agent. If
you are in an interview and ask to consult such a person, then we must stop and reschedule
the interview in most cases.
You can have someone accompany you at an interview. You may make sound recordings of any
meetings with our examination, appeal, or collection personnel, provided you tell us in
writing 10 days before the meeting.
5. Payment of Only The Correct Amount of Tax
You are responsible for paying only the correct amount of tax due under the law no more,
no less. If you cannot pay all of your tax when it is due, you may be able to make monthly
installment payments.
6. Help With Unresolved Tax Problems
The Taxpayer Advocate Service can help you if you have tried unsuccessfully to resolve a
problem with the IRS. Your local Taxpayer Advocate can offer you special help if you have
a significant hardship as a result of a tax problem. For more information, call toll free
1877-777-4778 (1800-829-4059 for TTY/TDD) or write to the Taxpayer Advocate at the IRS
office that last contacted you.
7. Appeals and Judicial Review
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. You may also
ask a court to review your case.
8. Relief From Certain Penalties and Interest
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. We will waive interest
that is the result of certain errors or delays caused by an IRS employee.
Examinations, Appeals, Collections, and Refunds
Examinations (Audits):
We accept most taxpayers' returns as filed. If we inquire about your return or select it
for examination, it does not suggest that you are dishonest. The inquiry or examination
may or may not result in more tax. We may close your case without change; or, you may
receive a refund.
The process of selecting a return for examination usually begins in one of two ways.
First, we use computer programs to identify returns that may have incorrect amounts. 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. Second, we use
information from outside sources that indicates that a return may have incorrect amounts.
These sources may include newspapers, public records, and individuals. If we determine
that the information is accurate and reliable, we may use it to select a return for
examination.
Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund, explains
the rules and procedures that we follow in examinations. The following sections give an
overview of how we conduct examinations.
By Mail:
We handle many examinations and inquiries by mail. 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. You can respond by mail or you can request a personal interview with an examiner.
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. Please do not hesitate to
write to us about anything you do not understand.
By Interview:
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. If our
examiner proposes any changes to your return, he or she will explain the reasons for the
changes. If you do not agree with these changes, you can meet with the examiner's
supervisor.
Repeat Examinations:
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.
Appeals:
If you do not agree with the examiner's proposed changes, you can appeal them to the
Appeals Office of IRS. Most differences can be settled without expensive and
time-consuming court trials. 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.
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.S. Tax Court, U.S. Court of Federal Claims, or the U.S.
District Court where you live. 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. 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. 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.
Collections:
Publication 594, The IRS Collection Process, explains your rights and responsibilities
regarding payment of federal taxes. It describes:
* What to do when you owe taxes. It describes what to do if you get a tax bill and what to
do if you think your bill is wrong. It also covers making installment payments, delaying
collection action, and submitting an offer in compromise.
* IRS collection actions. It covers liens, releasing a lien, levies, releasing a levy,
seizures and sales, and release of property. Your collection appeal rights are explained
in detail in Publication 1660, Collection Appeal Rights.
Innocent Spouse Relief
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. However, if
you qualify for innocent spouse relief, you may not have to pay the tax, interest, and
penalties related to your spouse (or former spouse). For information on innocent spouse
relief and two other ways to get relief, see Publication 971, Innocent Spouse Relief, and
Form 8857, Request for Innocent Spouse Relief (And Separation of Liability and Equitable
Relief).
Refunds:
You may file a claim for refund if you think you paid too much tax. 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. 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. Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund,
has more information on refunds.
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 originally due to get that refund.
Tax Information:
The IRS provides a great deal of free information. The following are sources for forms,
publications, and additional information.
· Tax Questions: 1-800-829-1040 (1-800-829-4059 for TTY/TDD)
· Forms and Publications: 1-800-829-3676 (1-800-829-4059 for TTY/TDD)
· Internet: www.irs.gov
· Tax Fax Service: From your fax machine, dial 703-368-9694.
· Small Business Ombudsman: If you are a small business entity, you can
participate in the regulatory process and comment on enforcement actions of IRS by calling
1-888-REG-FAIR.
· Treasury Inspector General for Tax Administration: If you want to
confidentially report misconduct, waste, fraud, or abuse by an IRS employee, you can call
1-800-366-1484 (1-800-877-8339 for TTY/TDD). You can remain anonymous.
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