Practice Area

IRS Audits & Examinations

Preparation, representation, and strategic advocacy for individuals and businesses facing an IRS audit or examination.

When the IRS decides to take a closer look

Few pieces of mail create the same knot in your stomach as a letter from the Internal Revenue Service. An audit, which the IRS calls an examination, is a review of a tax return to confirm that income, deductions, and credits were reported correctly. It is important to understand something up front: being selected for an audit does not mean the IRS believes you have done anything wrong. Returns are pulled for review for many reasons, and a large share of examinations end with little or no change.

That said, how you respond matters a great deal. An audit is a structured process with deadlines, rules of evidence, and a chain of steps that can lead in very different directions depending on the choices you make early on. With more than two decades inside the IRS Office of Chief Counsel, Kathryn Meyer has seen that process from the government's side, and she uses that background to help individuals and businesses respond with clarity rather than panic.

Why returns are selected for examination

The IRS uses several methods to decide which returns to examine, and most selections have nothing to do with suspicion of wrongdoing.

Many returns are scored by a computer system that compares them against statistical norms for similar taxpayers. A return that falls outside the usual range for its income level or profession may be flagged for a closer look. Other returns are selected through document matching, where the income reported on your return is compared against the W-2 and 1099 forms that employers, banks, and other payers send to the IRS. When those numbers do not line up, the return can be pulled automatically.

Returns are also selected because of their connection to another taxpayer already under examination, such as a business partner, an investor in the same venture, or a related company. A smaller number of returns are chosen at random as part of research programs the IRS uses to study compliance. Understanding why a particular return was selected often shapes the most sensible way to respond.

The different types of IRS audits

Not every audit looks the same, and the type of examination tells you a great deal about what to expect.

A correspondence audit is handled entirely by mail. It is the most common type and usually focuses on one or two specific items, such as a charitable deduction, an education credit, or a mismatch in reported income. The IRS asks you to send documents that support the item in question, and the matter is often resolved without anyone meeting in person.

An office audit asks you to bring your records to a local IRS office and meet with an examiner. These reviews tend to be broader than a correspondence audit and may cover several items on a return. Preparation and organization make a real difference here, because the examiner forms early impressions based on how clearly your documentation tells its story.

A field audit is the most detailed type. An IRS examiner, often a revenue agent, conducts the review at your home, your place of business, or your representative's office. Field audits are more common for businesses and for returns with complex issues, and they can extend over weeks or months. Because a field examiner has broad authority to expand the scope of the review, having representation involved from the beginning is especially valuable.

What to do first when an audit notice arrives

The instinct to set the letter aside, or to call the IRS immediately and start explaining, are both understandable, and both can create problems. A calmer first step is to read the notice closely and note exactly what it is asking for and by when. Audit notices identify the tax year under review, the specific items in question, and a response deadline. Those deadlines are real, and missing one can limit your options later.

It also helps to resist the urge to send everything you have. Providing more than the IRS requested can open new questions and widen the scope of the examination. The goal is to respond to what was actually asked, clearly and completely, and no more. This is one of the areas where guidance early in the process tends to pay off, because the shape of your first response often influences how the rest of the audit unfolds.

If you choose to be represented, you can authorize an attorney to communicate with the IRS on your behalf using a power of attorney form. From that point forward, the examiner works with your representative, and you are not left to navigate the conversation alone.

How the examination process unfolds

Once an audit begins, the examiner typically issues one or more information document requests. These are written lists of the records the IRS wants to see, such as bank statements, receipts, mileage logs, invoices, or contemporaneous records supporting a deduction. Responding to these requests in an organized, well documented way is one of the most important parts of the process.

The examiner reviews what you provide, may ask follow up questions, and then proposes any adjustments in an examination report. If the examiner concludes that no changes are warranted, the audit closes with a no change letter. If the examiner proposes changes, you will receive a report explaining the adjustments and the additional tax, along with any penalties and interest the IRS believes apply.

At that point you have choices. You can agree with the proposed changes and sign the report, you can provide additional documentation or legal argument in response, or you can dispute the findings through the steps described below. None of these paths guarantees a particular result, but each keeps a different set of options open, and choosing among them thoughtfully is part of what representation is for.

The issues that come up most often

Certain items draw examiner attention more than others. Business owners frequently see questions about the line between business and personal expenses, the substantiation of vehicle and travel costs, and the classification of workers as employees or independent contractors. Individuals often face questions about charitable contributions, home office deductions, rental real estate losses, and income that appears on a 1099 but not on the return.

Taxpayers with financial accounts or income outside the United States may encounter examinations focused on foreign reporting obligations, which carry their own rules and potential penalties. Whatever the issue, the common thread is documentation. An examiner is generally looking for records that connect a number on the return to a real, supportable transaction. When those records exist and are presented clearly, many concerns resolve on their own.

Your rights during an audit

Taxpayers have defined rights during an examination, and knowing them changes the tone of the process. You have the right to professional and courteous treatment, the right to know why the IRS is asking for information and how it will be used, and the right to representation. You also have the right to appeal disagreements, both within the IRS and, in many cases, before a court.

You are not required to face an examiner alone, and you are not obligated to answer questions on the spot or to volunteer information beyond what is requested. Understanding where the boundaries lie helps you respond fully and honestly while avoiding the missteps that can come from trying to be helpful under pressure.

When you and the examiner do not agree

If an examination ends with proposed changes you believe are wrong, the disagreement does not have to end there. The IRS Office of Appeals is a separate function within the agency, independent of the examination team, whose role is to consider disputes and weigh the hazards of litigation for both sides. Many audit disagreements are resolved at this stage without ever going to court.

To reach Appeals after an examination, you generally respond to what is often called a thirty day letter, which invites you to request an appeals conference. If a matter still cannot be resolved, the IRS issues a statutory notice of deficiency, sometimes called a ninety day letter. That notice gives you a limited window to petition the United States Tax Court, which allows you to dispute the proposed tax before paying it. Preserving these rights depends on acting within the deadlines, which is one more reason the calendar matters throughout an audit.

Situations that call for extra care

Some audits carry more risk than the numbers alone suggest. When a civil examination touches on issues that could raise questions of intent, such as unreported income or records that do not match a taxpayer's own statements, the stakes change and the way information is presented becomes especially sensitive. These situations call for careful judgment about what to say and when, because statements made during a civil audit can have consequences beyond the tax at issue.

Examinations involving foreign accounts, cryptocurrency, worker classification across many workers, or several connected returns also tend to be more involved. In these matters, experience with how the IRS builds and evaluates a case can help you understand not just the immediate question but the direction the examination may be heading.

How Kathryn Meyer approaches audit representation

Kathryn Meyer spent more than two decades inside the IRS Office of Chief Counsel before representing taxpayers. That background shapes how she handles an audit. She begins by understanding the notice, the deadlines, and the specific items in question, then works with you to gather and organize the documentation that responds to each point. She handles communication with the examiner so that you are not managing the back and forth on your own, and she keeps you informed about the options at each stage.

Because she has seen how examiners develop and assess cases, she can offer clients insight into which documentation tends to carry weight and how audits usually move toward resolution. She cannot promise a particular outcome, and any professional who does should give you pause. What she can offer is experienced, steady guidance through a process that is often more navigable than it first appears.

After the audit closes

When an examination ends, the result is documented and the year is, in most cases, brought to a close. If the audit concluded with no change, or with adjustments you agreed to, the matter is generally settled, and the IRS does not revisit a closed year except in unusual circumstances, such as evidence of fraud. Understanding that finality is part of the peace of mind that comes with resolving an audit properly.

It is worth keeping the records from an examination even after it closes, along with the final report, in case a related question arises in a later year. It is also a good moment to consider whether anything on past or future returns should be handled differently in light of what the audit surfaced. Sometimes an examination reveals a recurring issue that is better corrected going forward, and addressing it proactively is far more comfortable than encountering it again in a future review. A closed audit, handled well, is not just the end of a stressful process. It can be a useful checkpoint that leaves your tax affairs on firmer footing.

A note on getting help early

The most useful time to talk with a tax attorney is often the earliest, before a first response has been sent and before the scope of an audit has settled. Early guidance can help you respond to what was actually asked, protect your rights, and avoid steps that make a straightforward matter more complicated. If you have received an audit notice, or you expect one, reaching out to discuss your situation is a sensible first move, and there is no obligation in simply asking.