Sam Brotman, JD, LLM, MBA October 15, 2020 10 min read

What Is the IRS Audit Process?

Generally, the IRS audit process starts with an information document request, which will include items like bank statements, invoices and receipts. The auditor requests information surrounding their examination of whatever tax return is under audit. Usually, IRS audits go back three years. The taxpayer will then gather that information and will meet with the auditor to review it.

Many times, by looking at the auditor’s document request, we can tell why the return got audited. Most audits will focus either on the income side of things or on the deduction side of things. Occasionally, they will focus on both.

It is important that you cooperate with the auditor regarding requests for information. This is not the time to challenge them. If you have established a congenial relationship with the auditor, you might be able to persuade them back down in certain areas; maybe to a shorter time frame or maybe they will overlook that you are missing some receipts.

But, do not press your luck. If you refuse to provide the auditor with the documentation they request, they can always get a summons, then you will wind up in district court. You definitely do not want to be there. The IRS can also issue a summons to get information from a third-party, such as your bank.

The taxpayer or their representative will meet with the auditor and the auditor will go through the substantiation with the taxpayer and/or their representative. At the end of the review, the auditor will make adjustments based on what they feel is owed to the government. This will be presented to the taxpayer as an audit report.

The duration of the audit will depend on what the IRS is looking for. Typically, it should take only one or two meetings. However, if the auditor has to spend a lot of time tracking down documentation, it could take much, much longer.

If your audit drags on for many months or you are having multiple meetings with the auditor, then something is seriously wrong. 

That is why it is important that you control the audit, not the other way around. Keep the auditor focused on the main objective and have all of your information available and in a format that makes the auditor’s job easy. 

If the taxpayer agrees with the audit report, then the audit is over. If the taxpayer or the representative disagrees with the report, they may submit additional documentation or work to clarify things in the audit report.

If the auditor and the taxpayer ultimately cannot agree, then the case goes to appeals where the taxpayer can further challenge the audit. 

Neatness Counts

A quick tip is that if you want to score major points with the auditor, be organized. We always advise our clients to keep all of their documentation as clean and tight as possible. Do not show up with haphazardly-packed boxes that the auditor has to spend time digging through. If you can put all of your materials in a binder with tabs, all the better. 

I always tell clients that their tax return is their abridged autobiography. Well, here is the full story. If you can keep things as straightforward as possible for the auditor, the more likely the chips will fall in your favor.

What Constitutes Taxable Income?

The IRS audit is going to hone in on whether or not you correctly reported your taxable income. Simply stated, taxable income is the combination of income and expenses that determines the amount of taxes you pay. 

Essentially, what the IRS is doing is coming in and just verifying that the information is correct. Like I have mentioned, your tax returns tell a story; it contains a treasure trove of information about you.

It tells whether or not you are married, it tells whether or not you have kids, it tells where you live, it tells where you earn income from, and to some limited degree, what you spend money on.

That is what the government is interested in. When the IRS comes in and audits you, chances are they are auditing you because that story does not match or something does not make sense based on what you are telling the government.

Something Does Not Look Right Here … 

When that story does not match up or when there are additional questions that may yield a result that is favorable to the IRS, they will probably want to audit the return. 

For example, a number of the things that we consider traditional audit red flags are round numbers or increased travel expenses or meals and entertainment deductions. Those items are more likely than not to get picked up by the IRS in an audit.

For example, a taxpayer may have earned a certain level of income over two years and then has a significant reduction in income in the third year. The IRS may want to know why. 

Essentially, the auditor is going through and looking for errors and adjustments that they can make in order to give additional tax to the government. If those errors start to add up or the taxpayer is unable to substantiate the deductions and the income that they took on the return, then the IRS auditor will issue penalties in connection with that.

Another example would be if you earn $30,000 a year and live in Beverly Hills, or perhaps you are a multi-millionaire and live in a low-income neighborhood. That does not make sense and the IRS would want to know why.

Why Me?

There is not much that you can do to reduce your audit risk because the formula for calculating who gets audited and who does not is not common knowledge, but generally speaking, when the IRS chooses to audit the return it means that they are looking to get something back.

If the auditor finds mistakes or if they do not believe that your documentation is properly substantiated on the return, then not only will they assess your tax but they will hit you with additional penalties and interest. In addition, the auditor is often engaged in what we call fishing expedition, which is when they start examining the return line-by-line in terms of looking for more and more errors. 

An auditor who finds errors on a return is more likely to dig and dig and dig and dig until they are satisfied that they found all the errors that could possibly exist on the return.

So, keep that in mind if you are selected for audit, you may not know the reason why.. You may not know why your story is out of sync with the government, but you can at least be reassured that the IRS is not going to undergo an audit unless it has the expectation that you are going to pay more in taxes.

Do Not be Paranoid

I would like to believe that most auditors go into the process with good faith. My experience has been more positive than not in this arena. The IRS is like any other organization. There are good people within that organization and there are bad people within that organization. 

Ultimately, the auditor's going to do their job. Good or bad, they are going to go through the audit, they are going to find the mistakes, and they are going to assess how much tax they think is due. The best thing that you can do to mitigate it is to build a plan to make your presentation as mistake-free as possible so that you can get through the audit.

Receive the Best of
Brotman Law

Get this topic delivered straight to your inbox.

Book an Action Plan
avatar

Sam Brotman, JD, LLM, MBA

Owner and Director of Legal
Brotman Law

COMMENTS

BECOME AN INSIDER

Our best stuff: secrets, tax saving tools, and tax defense strategies from the braintrust at Brotman Law.

  • Expanded benefits during your first consultation with the firm.
  • Priority appointment scheduling and appointment times.
  • Complementary access to our firm’s concierge services.
  • Receive updates and “insider only” tax strategies and tactics.
  • And many more benefits.

Not Sure Where to Start?

Step 1 Start Here

Start Here

These ten big ideas will change the way you think about your taxes and your business.

Start Here

Step 2 Learn About Your Situation

Learn About Your Situation

Find the articles and videos you need to make the right tax decisions in the learning center.

Visit the Learning Center

Step 3 Explore Our Services

Explore Our Services

It is not just about what we do, but who we are, why we do it, and how that benefits you.

View All Services

Step 4 Get Your Game Plan

Get Your Game Plan

Meet with us to outline your strategy. No further obligation, 100% money-back guarantee.

Book an Action Plan