IRS audit notice or tax problem?  Call (619) 378-3138 for a free 15-minute review

Book a Call: ERC Audit, Appeal & Litigation | San Diego | Brotman Law

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Book a Call: ERC Audit, Appeal & Litigation | San Diego | Brotman Law











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Book a Call

ERC Audit or Denial? Your Claim May Still Be Viable.

The IRS is aggressively auditing and denying ERC claims. Schedule a consultation to discuss your options — including appeal and Tax Court litigation.

The IRS Is Denying Legitimate ERC Claims — and Many Can Be Saved

The IRS has initiated a massive compliance campaign targeting Employee Retention Credit claims. Many legitimate claims are being denied alongside fraudulent ones. If you’ve received a disallowance letter, a demand for repayment, or are under audit, you have rights — and time-sensitive deadlines to protect them.

Whether your ERC claim was denied, you’re under examination, or you’re considering voluntary disclosure for a claim you’re unsure about, experienced tax counsel can make the difference.

  • Defend legitimate ERC claims through IRS audit and examination
  • Appeal ERC disallowance letters and demand for repayment notices
  • Pursue Tax Court litigation when the IRS wrongly denies your claim
  • Evaluate ERC Voluntary Disclosure Program options for uncertain claims

Most clients get an appointment within 24 hours.

All inquiries are strictly confidential and protected by attorney-client privilege.

What to Expect

After You Book Your Call

1

You’ll speak with someone who understands tax law

Not a receptionist or a call center. You’ll be speaking with a trained member of our intake team who can meaningfully assess your situation.

2

We’ll evaluate your options — honestly

We’ll discuss your situation, explain what’s at stake, and outline the realistic paths forward. If we’re not the right fit, we’ll tell you that.

3

There is no obligation to engage our firm

The consultation is free and completely confidential. No engagement fees until we’ve discussed your situation and mutually agreed on a path forward.

How It Works

Three Simple Steps

1

Book

Choose a time that works for you.

2

Talk

15 minutes with our team. No obligation.

3

Plan

We’ll map out your options and next steps.

Confidential • No Obligation • Same-Day Available

Common Questions

ERC FAQs

My ERC claim was denied. What are my options?

You can appeal the denial through the IRS Office of Appeals, and if that fails, petition the U.S. Tax Court. There are strict deadlines — typically 30 days for an appeal and 90 days for Tax Court. Don’t accept a denial without exploring your options.

What if I already received my ERC refund and now the IRS wants it back?

The IRS can audit and recapture ERC refunds that were already paid. However, you have the right to defend your claim through the audit process, appeal, and Tax Court. The fact that the IRS paid the refund initially doesn’t mean they’ll automatically win it back.

Should I consider the ERC Voluntary Disclosure Program?

If your ERC claim was filed by a third-party promoter and you’re unsure whether it was legitimate, voluntary disclosure may allow you to repay a portion of the credit without penalties or criminal exposure. We can evaluate whether this program makes sense for your specific situation.

How long do ERC audits take?

ERC audits typically take 6-18 months from the initial contact letter to resolution. The timeline depends on the complexity of the claim, the quality of documentation, and whether you pursue appeal or litigation.

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Get Started Today

Book Your Free 15-Minute Call

Schedule a brief call with our team to discuss your ERC matter. We’ll assess your claim, evaluate your defense options, and outline next steps — confidentially and without obligation.

  • Completely confidential — protected by attorney-client privilege
  • Every situation is different — you’ll receive a custom assessment tailored to yours
  • Same-day and next-day appointments available





If you have read this far, you have a notice and you are trying to understand it before doing anything that makes it worse. That instinct is correct.

The next right move is a 15-minute call. We will identify the audit type, confirm your deadline, and tell you honestly whether you need representation. There is no cost and no obligation.

Get a Candid Assessment — Free

Or call us directly at (619) 378-3138

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