Brotman Law — IRS audit defense attorneys in San Diego

Free Tax Guide

The Complete Guide
to IRS Audits

Everything you need to know about how the IRS audits taxpayers — your rights, the process, and how to protect yourself and your business.

What Is an IRS Audit?

An IRS audit is a review of your tax return to verify that the income, deductions, and credits you reported are accurate. It's not a criminal investigation. It's not an accusation. It's the IRS doing its job — and it happens more often than you'd think.

In practical terms, the IRS is asking one question: did you pay the right amount of tax? If they think the answer might be no, they'll want to take a closer look.

An audit isn't a verdict. It's a conversation — and how that conversation goes depends entirely on who's doing the talking.

Types of IRS Audits

Not all audits are created equal. The type of audit you're facing determines how it's conducted, how long it takes, and how aggressively you need to respond.

Correspondence Audit

The most common type. The IRS sends a letter asking for documentation or clarification on specific items. You respond by mail. These are usually straightforward — but that doesn't mean they're risk-free. One wrong document or poorly worded response can expand the scope significantly.

Office Audit

The IRS asks you to bring specific records to their local office for an in-person review. These tend to focus on specific issues like unreported income, large deductions, or business expenses.

Field Audit

The most intensive type. An IRS revenue agent comes to your home, office, or your accountant's office to conduct a comprehensive review. Field audits typically involve larger amounts of money and more complex tax situations.

Key takeaway: Regardless of the type, you have the right to professional representation. We sign a Power of Attorney and handle all communication with the IRS on your behalf. You never have to sit across from an IRS agent.

What Triggers an IRS Audit

The IRS uses a computer scoring system called the Discriminant Information Function (DIF) to flag returns that are statistically likely to result in additional tax. But there are also common triggers that increase your risk:

  • Income mismatches — When what you report doesn't match what employers and banks report to the IRS
  • High deductions — Deductions that are disproportionately large relative to your income
  • Self-employment income — Schedule C filers are audited at a significantly higher rate
  • Large charitable contributions — Especially non-cash donations
  • Home office deduction — A historically high-scrutiny area
  • Round numbers — Exactly $10,000 in expenses raises questions about whether it was actually calculated
  • Related-party transactions — Business with a partner or associate who's being audited

Your Rights During an Audit

The IRS Taxpayer Bill of Rights isn't just a document — it's law. And we make sure the IRS follows it.

  • Right to representation — You can have a tax attorney handle everything on your behalf
  • Right to know why — The IRS must explain why they're examining your return
  • Right to appeal — You can challenge any finding you disagree with
  • Right to confidentiality — Your tax information is protected by law
  • Right to finality — The IRS can't keep auditing the same year indefinitely
  • Right to a fair process — Including the right to challenge the IRS position in Tax Court

Get This Guide as a PDF

Download the complete IRS audit guide with worksheets and checklists — free.

The Audit Process Step by Step

Here's what happens from the moment you receive an audit notice to resolution:

  1. Notice received — The IRS sends a letter explaining what they're examining and what documentation they need
  2. Power of Attorney filed — We sign Form 2848, which means the IRS talks to us, not you
  3. Document review — We review every document before anything goes to the IRS. We provide exactly what's needed — nothing more
  4. Examination — The IRS reviews your records. For office and field audits, we attend all meetings in your place
  5. Proposed adjustments — If the IRS wants to make changes, they issue a written proposal. We review it line by line
  6. Negotiation or appeal — We challenge anything we disagree with. If we can't resolve it at the exam level, we take it to appeals
  7. Resolution — Case closed. We make sure you understand the outcome and what it means going forward

Why You Need Professional Representation

Here's the reality: anything you say to the IRS can be used against you. Even an innocent statement can be misinterpreted, taken out of context, or used to expand the scope of your audit.

Your CPA probably filed your return. That's great. But filing a return and defending one are two completely different skills. You wouldn't send your dentist to perform heart surgery — the same logic applies.

A qualified tax attorney knows IRS procedures inside and out, understands the legal standards the IRS must meet, and knows exactly how to position your case for the best possible outcome.

Appeals & Next Steps

If you disagree with the audit results, you have the right to appeal. The IRS Office of Appeals is independent from the examination division, and they settle the majority of cases they hear.

We've won over 100 appeals by building cases that are thoroughly documented and legally sound. The key is presenting a clear, well-organized argument that makes it easier for the appeals officer to rule in your favor.

If appeals doesn't resolve it, the next step is Tax Court. We're prepared for that too, but in our experience, most cases settle well before they get to trial.

How to Prevent Future Audits

Once your audit is resolved, the last thing you want is another one. Here's what we recommend to minimize your risk:

  • Keep meticulous records — especially for deductions and business expenses
  • Report all income — even if you didn't receive a 1099
  • File on time, every time
  • Use actual calculated figures rather than round numbers — while not a major audit trigger on its own, it's a best practice that signals accuracy in your records
  • Work with a qualified tax professional who understands your situation
  • Consider a proactive tax strategy engagement to optimize your structure and reduce risk

Want to make sure this doesn't happen again? After resolving your audit, we can help restructure your taxes to minimize future risk. It's the other side of what we do — and it's just as important as the defense. Learn about our tax strategies →

Frequently Asked Questions

IRS Audit FAQs

How long do I have to respond to an IRS audit notice?

Typically 30 to 60 days from the date on the notice. However, some notices have shorter or longer deadlines. Don't wait — contact us as soon as you receive any correspondence from the IRS.

Can the IRS audit me if I used a CPA to prepare my return?

Yes. Using a CPA doesn't prevent an audit. You are ultimately responsible for the accuracy of your return, regardless of who prepared it. However, having professional representation during the audit is critical.

What if I can't find the documents the IRS is requesting?

We can often reconstruct records using bank statements, third-party records, and other sources. The sooner you engage us, the more options we have to build your case.

Will an audit affect my future tax returns?

Not directly. However, if the IRS made adjustments, those changes may affect carryforward items like losses or credits. We'll review the impact and make sure your future returns reflect the correct figures.

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