Tax Tip 2024-59
Mediation – also known as Alternative Dispute Resolution – can help taxpayers resolve tax issues early and efficiently.
The process provides taxpayers a faster, more collaborative and cost-effective approach to case resolution. The traditional appeal process is still available for taxpayers who choose it.
Mediation might be right for a taxpayer if:
• The taxpayer wants to resolve the dispute at the earliest possible stage of their audit.
• The taxpayer doesn’t have many disputed issues.
• The taxpayer gave the IRS information to support their position.
• The IRS is still considering the taxpayer’s case and issues remain unresolved.
Mediation is:
• Voluntary for both parties.
• Nonbinding, meaning each party retains 100% control over whether to settle the case. No one can force either party to do something they don’t agree to do.
• Effective when both parties have a desire to resolve the disputed issue.
• Appropriate when all issues are fully resolved except the issue for which mediation is requested.
• A chance to avoid a lengthy appeal process or costly litigation.
Mediation is not:
• Required by either party.
• A replacement for the audit or collection process.
• A process in which the parties in the dispute offer arguments directly to the mediator hoping to “win.”
• Effective if either party believes the only way the dispute will get resolved is if the other party concedes or gives up on its position.
• A time to present new information or raise new issues.
• An opportunity to try and get a more favorable outcome or delay the examination or collection process.
Mediation works best if taxpayers prepare for success. Find out what to expect from the Independent Office of Appeals.
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