Audit Reconsideration

Audit reconsideration is an IRS administrative procedure that allows a taxpayer to dispute the results of an assessment made because of an audit of taxpayer’s return or of a substitute return filed by the IRS on behalf of the nonfiling taxpayer.  Although it is almost always more advantageous to use the offer-in-compromise process in lieu of an audit reconsideration on account of the fact that the service is required to respond to offers within a set period of time, this procedure remains available in situations in which an offer cannot be effectively submitted.

The IRS has the authority to abate part or all of any assessment if:

  1. The assessment is in excess of the correct tax liability
  2. The assessment is made subsequent to the expiration of the applicable period of limitations or
  3. The assessment was erroneously or illegally made

The IRS will not accept an audit reconsideration if:

  1. The taxpayer has already signed an agreement agreeing to pay the amount owing.  Those agreements include:
    1. Closing agreement
    2. Offer in Compromise
    3. Form 870AD with the Appeals Office
  2. The U.S. Tax Court or another court has issued a final determination on the tax liability.

Requirements for Submitting an Audit Reconsideration

  1. The return for the tax year in question must be filed
  2. A copy of the audit report (Form 4549, Income Tax Examination Changes) must be submitted, if available.
  3. The changes to be reconsidered must be set forth
  4. A detailed memorandum setting forth the relevant facts and applicable law must be included.

An audit reconsideration is not a matter of right but rather completely at the IRS’s discretion.  The request should include the taxpayer’s position and arguments based on the law and should include supporting evidence.  It may not be worthwhile to submit an audit reconsideration if there is not sufficient evidence to support the taxpayer’s position.  The IRS will typically delay collection activity when an audit reconsideration has been submitted, although it is not required by law to do so.

The audit reconsideration should only be submitted if other options, such as filing a petition, have expired and are unavailable.  The audit reconsideration package should be prepared and presented in the same manner as an Appeals notebook.  A cover letter is included with the audit reconsideration.

Audit reconsiderations should be sent by UPS to the following address:

Internal Revenue Service
Atlanta Service Center
Audit Reconsideration Unit
2385 Chamblee-Tucker Road Stop 54A
Atlanta, GA 30362

By Certified Mail, Return Receipt Requested through United States Postal Service to:

Internal Revenue Service
Atlanta Service Center
Audit Reconsideration Unit
P.O. Box 48-389 Stop 54A
Doraville, GA 30362

NOTE:  Before sending in a request, confirm through the Practitioner Priority Hotline that this is the correct address for your client.  You can also verify the correct mailing address by contacting the Georgia IRS Audit Reconsideration Unit.  Refer to the IRS Contact folder in Amicus.



Audit Reconsideration Memorandum
Audit Reconsideration Cover Letter

Documents on

What You Should Know about the Audit Reconsideration Process
IRS Publication 3598