How do I appeal an IRS advocate decision effectively?
So I am trying to see how I can file an appeal against the IRS advocate decision with my tax issues
Quick Answer:
If you have received a decision from the Taxpayer Advocate Service (TAS) that you disagree with, it is important to understand that TAS is an independent organization *within* the IRS designed to assist with systemic issues or hardships; they do not have the legal authority to "overrule" Internal Revenue Code or formal IRS examiner findings.
You cannot technically "appeal" a TAS decision in the way you appeal a court ruling. However, you have two primary options:
1. **Request a Review:** You can ask to speak with the **Local Taxpayer Advocate (LTA)** or their supervisor to review the case closer. If the issue is a disagreement on the law, they may issue a Taxpayer Assistance Order (TAO), though these are rare.
2. **Formal IRS Appeals:** If your underlying tax issue (e.g., an audit or lien) is still unresolved, you should bypass TAS and file a formal protest with the **IRS Independent Office of Appeals**. This is a separate legal process using Form 12203 or a formal protest letter.
If the IRS Appeals office also denies your claim, your final recourse is usually filing a petition with the **U.S. Tax Court**.
Note: This answer is provided for convenience only. It is important that you speak to a CPA about your individual tax situation.