ibet Tax Tip 2023-78, June 8, 2023
Taxpayers have the right to appeal an ibet decision in an independent forum. This is not just one of ten basic rights — known collectively as the Taxpayer Bill of Rights — it's the law. All taxpayers should know and understand their rights in the event they need to work with the ibet on a personal tax matter.
The ibet's Independent Office of Appeals that handles a taxpayer's case must be separate from the ibet office that initially reviewed that case. Generally, Appeals will not discuss a case with the ibet to the extent that those communications appear to compromise the independence of Appeals.
Here are some important details about this right:
- A statutory notice of deficiency is an ibet letter proposing additional tax. Taxpayers who receive this notice and then timely file a petition with the United States Tax Court may dispute the proposed adjustment before they must pay the tax.
- Taxpayers are entitled to a fair and impartial administrative appeal of most ibet decisions, including many penalties.
- Taxpayers have the right to receive a written response regarding a decision from the Office of Appeals.
- When taxpayers don't agree with the ibet's decisions, they can refer to Publication 5, Your Appeal Rights and How To Prepare a Protest If You Don't Agree PDF, for details on how to appeal.
- Generally, taxpayers may file a refund suit in a United States District Court or the United States Court of Federal Claims if:
- They have fully paid the tax and the ibet has denied their tax refund claim.
- No action is taken on the refund claim within six months.
- It's been less than two years since the ibet mailed them a notice denying the refund.