Can the IRS Reopen a Closed Audit?

Many taxpayers assume that once an IRS audit ends, the matter is permanently behind them. In many cases that is true—but not always. Under certain circumstances, the IRS may reopen a closed examination and request additional information or assess additional tax.

When Can the IRS Reopen an Audit?

The IRS generally will not reopen an examination unless one of the following applies:

• There is evidence of fraud or misrepresentation.


• Substantial errors are discovered.


• New information becomes available that could affect the original findings.


• The prior examination involved a clear administrative mistake.

The Internal Revenue Manual provides that reopening a closed audit should be done only in limited situations, and taxpayers are entitled to fair treatment throughout the process.

How Long Does the IRS Have?

Generally, the IRS has three years from the date a return is filed to assess additional tax. However, that period can be extended in certain situations, including:

• A six-year statute of limitations when more than 25% of gross income is omitted.


• No statute of limitations in cases involving fraud or when a return was never filed.


• Situations where the taxpayer agreed to extend the assessment period by signing Form 872.

What Should You Do If the IRS Contacts You Again?

If you receive correspondence indicating that a previously closed examination is being revisited:

1. Do not ignore the notice.


2. Gather copies of prior audit reports, correspondence, and supporting documentation.


3. Verify what years and issues are involved.


4. Consult with a qualified tax professional before responding.

The Bottom Line

Although reopening a closed audit is relatively uncommon, it does happen. Taxpayers should understand their rights and respond carefully to any renewed IRS inquiry. Early intervention can often help resolve issues before they escalate into additional assessments, penalties, or collection actions.

If you have received correspondence from the IRS concerning a prior examination, the experienced tax controversy attorneys at Wilson Tax Law Group can help evaluate your options and protect your rights.

Wilson Tax Law Group, APLC is a boutique Orange County tax controversy law firm that specializes in representation of individuals and businesses before federal and state tax authorities with audits, appeals, FBAR, offshore compliance, litigation and criminal defense. Firm founder, Joseph P. Wilson, is a former Federal tax prosecutor and trial attorney for the IRS and California Franchise Tax Board. Wilson Tax Law Group, APLC, is comprised of former IRS litigators & Special Agents, and Assistant US Attorneys from the US Attorney’s Office, Central District of California, Tax Division, which at the time handled both civil tax lawsuits and criminal tax prosecutions on behalf of the United States of America.

For further information, or to arrange a consultation please contact: Wilson Tax Law Group, APLC Tel: (949) 397-2292 (Newport Beach Office) Tel: (714) 463-4430 (Yorba Linda Office)

Disclaimer: This blog post is for informational purposes only and does not constitute legal, tax or financial advice. Please consult with a qualified attorney, accountant or financial advisor for specific guidance related to your circumstances.

Can the IRS Take Your Home? Federal Tax Liens and Foreclosure

Most taxpayers know the IRS can file liens and levy bank accounts, but many are surprised to learn that the IRS can, in certain circumstances, seize and sell real property—including a personal residence. Fortunately, this is relatively rare and subject to strict legal requirements.

What Is a Federal Tax Lien?

When taxes remain unpaid after notice and demand, a federal tax lien automatically arises by operation of law. The lien attaches to virtually all of a taxpayer's property and rights to property, including real estate, vehicles, and financial accounts.

Can the IRS Foreclose on a Home?

Yes, but only after obtaining approval from a federal court. Before the IRS can force the sale of a principal residence, it must demonstrate that:

• The taxpayer owes a substantial tax liability;


• Collection alternatives have been considered;


• The government's interest outweighs any hardship factors; and


• A court authorizes the foreclosure action.

Because of these requirements, foreclosure actions involving a personal residence are uncommon, but they do occur.

What Happens Before Foreclosure?

Typically, taxpayers will receive multiple notices and opportunities to resolve the debt before the IRS considers such drastic action. Options may include:

• Installment agreements;


• Offers in Compromise;


• Currently Not Collectible status;


• Penalty abatement requests; and


• Collection Due Process appeals.

Don't Ignore IRS Notices

Ignoring IRS correspondence can significantly limit your options. The earlier taxpayers address collection issues, the more alternatives are generally available.

The Bottom Line

Although the IRS has the power to seek the sale of a home, most collection matters can be resolved without reaching that point. If you have received IRS notices, have a federal tax lien, or are concerned about enforced collection action, experienced tax counsel can help you evaluate your options and protect your rights.

Wilson Tax Law Group helps individuals and businesses nationwide resolve IRS and California tax controversies.

Wilson Tax Law Group, APLC is a boutique Orange County tax controversy law firm that specializes in representation of individuals and businesses before federal and state tax authorities with audits, appeals, FBAR, offshore compliance, litigation and criminal defense. Firm founder, Joseph P. Wilson, is a former Federal tax prosecutor and trial attorney for the IRS and California Franchise Tax Board. Wilson Tax Law Group, APLC, is comprised of former IRS litigators & Special Agents, and Assistant US Attorneys from the US Attorney’s Office, Central District of California, Tax Division, which at the time handled both civil tax lawsuits and criminal tax prosecutions on behalf of the United States of America.

For further information, or to arrange a consultation please contact: Wilson Tax Law Group, APLC Tel: (949) 397-2292 (Newport Beach Office) Tel: (714) 463-4430 (Yorba Linda Office)

Disclaimer: This blog post is for informational purposes only and does not constitute legal, tax or financial advice. Please consult with a qualified attorney, accountant or financial advisor for specific guidance related to your circumstances

Received an FTB Notice? Don't Assume It's Correct

Receiving a notice from the California Franchise Tax Board (FTB) can be alarming, especially when it claims you owe additional taxes, penalties, or interest. What many taxpayers do not realize is that FTB notices are not always accurate.

Common reasons taxpayers receive FTB notices include:

• Income mismatches reported by third parties


• Federal tax changes reported to California


• Missing tax returns


• Residency disputes


• Withholding or estimated tax payment discrepancies

Ignoring an FTB notice can lead to additional penalties, collection activity, tax liens, wage garnishments, and bank levies. However, paying the amount claimed without first reviewing the notice may also be a mistake.

Many FTB notices have strict response deadlines. In some cases, taxpayers may be able to provide additional documentation, dispute the proposed assessment, or file a formal protest to challenge the determination.

The key is to act quickly. The sooner a notice is reviewed, the more options may be available to resolve the issue favorably.

If you have received a notice from the California Franchise Tax Board, Wilson Tax Law Group can help you evaluate your options and determine the best course of action.

Wilson Tax Law Group, APLC is a boutique Orange County tax controversy law firm that specializes in representation of individuals and businesses before federal and state tax authorities with audits, appeals, FBAR, offshore compliance, litigation and criminal defense. Firm founder, Joseph P. Wilson, is a former Federal tax prosecutor and trial attorney for the IRS and California Franchise Tax Board. Wilson Tax Law Group, APLC, is comprised of former IRS litigators & Special Agents, and Assistant US Attorneys from the US Attorney’s Office, Central District of California, Tax Division, which at the time handled both civil tax lawsuits and criminal tax prosecutions on behalf of the United States of America.

For further information, or to arrange a consultation please contact: Wilson Tax Law Group, APLC Tel: (949) 397-2292 (Newport Beach Office) Tel: (714) 463-4430 (Yorba Linda Office)

Disclaimer: This blog post is for informational purposes only and does not constitute legal, tax or financial advice. Please consult with a qualified attorney, accountant or financial advisor for specific guidance related to your circumstances.

California Tax Debt Doesn't Expire as Quickly as You May Think

Many taxpayers are familiar with the IRS's 10-year collection statute and assume California follows the same rules. Unfortunately, that is not always the case.

If you owe taxes to the California Franchise Tax Board (FTB), the state's ability to collect may last significantly longer than you expect.

The IRS and FTB Play by Different Rules

The IRS generally has 10 years from the date a tax is assessed to collect the liability. While certain events can extend that period, many taxpayers have heard of the IRS collection statute and assume it applies across the board.

California's Franchise Tax Board operates under a different set of rules, and collection periods can be extended in numerous circumstances.

What Can the FTB Do to Collect?

The FTB has broad collection authority, including the ability to:

• Levy bank accounts;


• Garnish wages;


• Record state tax liens;


• Intercept tax refunds;


• Seize certain assets; and


• Suspend professional or occupational licenses in some situations.

Many taxpayers are surprised to learn that the FTB can be just as aggressive—and sometimes more persistent—than the IRS when collecting outstanding tax liabilities.

Ignoring the Problem Often Makes It Worse

A common misconception is that tax debt will simply disappear if enough time passes.

In reality, penalties and interest continue to accrue, and collection actions can become more aggressive over time. What may have started as a manageable balance can grow substantially if left unresolved.

Options May Still Be Available

Depending on the circumstances, taxpayers may qualify for relief options such as:

• Installment agreements;


• Financial hardship status;


• Penalty abatement;


• Settlement opportunities; or


• Challenges to the underlying assessment.

The sooner these options are explored, the more flexibility taxpayers typically have.

Don't Assume You Are Out of Time—or That the FTB Is

Every case is different, and collection statutes can be complex. Before making assumptions about what the FTB can or cannot collect, it is important to understand how the rules apply to your specific situation.

If you have received collection notices from the FTB or have unresolved California tax liabilities, seeking guidance early can help you evaluate your options and avoid unnecessary enforcement actions.

Received an IRS Notice? 5 Steps to Take Right Away

Finding a notice from the IRS in your mailbox can be stressful, but the most important thing is not to ignore it. IRS notices often include deadlines, and responding promptly can help protect your rights and prevent the issue from becoming more serious.

Here are five steps to take right away:

1. Read the Notice Carefully

Take time to review exactly what the IRS is saying. Check the tax year involved, any balance listed, and whether the IRS is requesting documents or a response.

2. Compare It to Your Records

Review your tax return and supporting documents to confirm the information is accurate. Sometimes notices are based on incomplete or outdated information.

3. Watch the Deadline

IRS notices typically include a deadline to respond. Missing it can lead to additional penalties, interest, or collection action.

4. Don’t Assume the IRS Is Correct

A notice does not automatically mean you owe what the IRS claims. You may have options to provide documentation, dispute the issue, or request relief.

5. Reach Out for Help if Needed

If your notice involves an audit, balance due, penalties, or collection action, getting professional guidance early can make a big difference.

At Wilson Tax Law Group, we help taxpayers understand IRS notices and work toward practical solutions. If you received a notice and are unsure what to do next, contact our office.

Wilson Tax Law Group, APLC is a boutique Orange County tax controversy law firm that specializes in representation of individuals and businesses before federal and state tax authorities with audits, appeals, FBAR, offshore compliance, litigation and criminal defense. Firm founder, Joseph P. Wilson, is a former Federal tax prosecutor and trial attorney for the IRS and California Franchise Tax Board. Wilson Tax Law Group, APLC, is comprised of former IRS litigators & Special Agents, and Assistant US Attorneys from the US Attorney’s Office, Central District of California, Tax Division, which at the time handled both civil tax lawsuits and criminal tax prosecutions on behalf of the United States of America.

 

For further information, or to arrange a consultation please contact: Wilson Tax Law Group, APLC Tel: (949) 397-2292 (Newport Beach Office) Tel: (714) 463-4430 (Yorba Linda Office)

 

Disclaimer: This blog post is for informational purposes only and does not constitute legal, tax or financial advice. Please consult with a qualified attorney, accountant or financial advisor for specific guidance related to your circumstances.

 

Tax Problems After Divorce: Who Is Responsible for the IRS Debt?

Many individuals believe that once a divorce is finalized, they are no longer responsible for tax issues connected to their former spouse. Unfortunately, that is not always the case.

When a married couple files a joint tax return, both spouses generally become jointly and severally liable for the taxes owed. This means the IRS may pursue either spouse for the entire balance, regardless of what a divorce judgment or settlement agreement says.

Even if your divorce agreement states that your former spouse is responsible for paying the tax debt, the IRS is not bound by that agreement. If the taxes remain unpaid, the IRS may still attempt to collect from you directly.

This can include:

• Wage garnishments


• Bank levies


• Federal tax liens


• Seizure of tax refunds


• Ongoing penalties and interest

In many cases, taxpayers do not discover the issue until years later when they begin receiving IRS notices or collection letters.

Common Post-Divorce Tax Issues

Post-divorce tax problems often arise when:

• Income was underreported on a joint return


• Tax returns were filed incorrectly


• One spouse handled all financial matters during the marriage


• Payroll or business taxes went unpaid


• A former spouse failed to comply with the divorce agreement regarding taxes

These situations can become especially stressful when the taxpayer had little involvement in the finances or was unaware of the issue altogether. 

Innocent Spouse Relief

In some circumstances, taxpayers may qualify for Innocent Spouse Relief or other forms of IRS relief.

Innocent Spouse Relief may be available when:

• A joint return was filed


• The liability resulted from the other spouse’s actions


• You did not know, and had no reason to know, about the issue


• Holding you responsible would be unfair under the circumstances

The IRS evaluates several factors when reviewing these requests, including financial involvement, access to records, education, and whether one spouse controlled the finances during the marriage.

Do Not Ignore IRS Notices

IRS collection matters rarely resolve themselves. Ignoring notices can lead to additional penalties and more aggressive enforcement action over time.

Addressing the issue early may help preserve important resolution options and reduce the risk of escalating collection activity.

At Wilson Tax Law Group, we assist taxpayers with IRS and California tax controversies, including Innocent Spouse claims, collection defense, and post-divorce tax disputes.

Wilson Tax Law Group, APLC is a boutique Orange County tax controversy law firm that specializes in representation of individuals and businesses before federal and state tax authorities with audits, appeals, FBAR, offshore compliance, litigation and criminal defense. Firm founder, Joseph P. Wilson, is a former Federal tax prosecutor and trial attorney for the IRS and California Franchise Tax Board. Wilson Tax Law Group, APLC, is comprised of former IRS litigators & Special Agents, and Assistant US Attorneys from the US Attorney’s Office, Central District of California, Tax Division, which at the time handled both civil tax lawsuits and criminal tax prosecutions on behalf of the United States of America.

For further information, or to arrange a consultation please contact: Wilson Tax Law Group, APLC Tel: (949) 397-2292 (Newport Beach Office) Tel: (714) 463-4430 (Yorba Linda Office)

Disclaimer: This blog post is for informational purposes only and does not constitute legal, tax or financial advice. Please consult with a qualified attorney, accountant or financial advisor for specific guidance related to your circumstances.

Can the IRS Really Take Your Passport?

Yes — in certain situations, the IRS can notify the U.S. Department of State to deny, revoke, or limit a taxpayer’s passport because of unpaid federal tax debt.

This typically applies when a taxpayer has “seriously delinquent tax debt,” which is currently more than approximately $65,000, including penalties and interest. Once certified, the State Department may deny a new passport application, refuse a renewal request, or place restrictions on an existing passport.

Many taxpayers are surprised to learn that unpaid tax balances can eventually affect international travel. In most cases, the IRS will first issue multiple notices and attempt collection efforts before passport certification occurs.

The good news is that taxpayers who are actively working with the IRS may avoid certification. Resolution options can include:

• Installment Agreements;


• Offers in Compromise;


• Currently Not Collectible status; or


• Other approved relief programs.

If the IRS certifies a taxpayer’s debt, it generally issues Notice CP508C. Certification can often be reversed once the taxpayer resolves the balance or enters into an approved payment arrangement.

The longer tax debt goes unresolved, the more penalties and interest continue to grow — and the more aggressive IRS collection actions may become. Addressing the issue early is often the best way to protect your options and avoid unnecessary complications.

Wilson Tax Law Group, APLC is a boutique Orange County tax controversy law firm that specializes in representation of individuals and businesses before federal and state tax authorities with audits, appeals, FBAR, offshore compliance, litigation and criminal defense. Firm founder, Joseph P. Wilson, is a former Federal tax prosecutor and trial attorney for the IRS and California Franchise Tax Board. Wilson Tax Law Group, APLC, is comprised of former IRS litigators & Special Agents, and Assistant US Attorneys from the US Attorney’s Office, Central District of California, Tax Division, which at the time handled both civil tax lawsuits and criminal tax prosecutions on behalf of the United States of America.

For further information, or to arrange a consultation please contact: Wilson Tax Law Group, APLC Tel: (949) 397-2292 (Newport Beach Office) Tel: (714) 463-4430 (Yorba Linda Office)

Disclaimer: This blog post is for informational purposes only and does not constitute legal, tax or financial advice. Please consult with a qualified attorney, accountant or financial advisor for specific guidance related to your circumstances.