IRS Audit Reconsideration – How to Fix an IRS Audit You Missed or Lost?

If you missed an IRS audit—or lost one—you’re not out of options. The IRS has a formal process called Audit Reconsideration, which allows taxpayers to reopen and correct an audit assessment when new information, documentation, or errors exist. This process can reverse tax assessmentsremove penalties, and restore refunds — even years after the original audit closed. However, audit reconsideration is not automatic. It’s a strategic legal process that requires evidence, precision, and a solid understanding of IRS procedure.

📘 Official IRS References:

What Is Audit Reconsideration?

Audit reconsideration is an IRS administrative process allowing taxpayers to request a review of a previously closed audit when new evidence or errors exist.

It’s primarily used when:

  • You didn’t attend the original audit.
  • The IRS assessed additional tax that you disagree with.
  • You have new records to support your position.
  • The IRS made a factual or clerical mistake.

When You Can Request Audit Reconsideration?

You can request audit reconsideration when:

  • You have new, relevant information: You have supporting documentation, such as receipts, invoices, or bank statements, that was not available or was not considered during the initial audit.
  • You missed the original audit: This could be because you didn’t receive correspondence from the IRS after moving, or you were unable to appear for the audit appointment.
  • The IRS made an error: You believe the IRS made a computational or processing error when assessing your tax liability.
  • You disagree with the assessment: This can include an assessment made from an original audit or from a Substitute for Return (SFR), which is filed by the IRS when a taxpayer fails to file. 

Example of Some Common Scenarios for Audit Reconsideration

The following are examples of some common scenarios for audit reconsideration:

ScenarioWhat HappenedWhy Reconsideration Applies
Missed IRS audit noticeYou never responded to IRS lettersYou can now provide documentation that wasn’t reviewed
Audit adjustments were incorrectIRS disallowed legitimate expensesYou can submit missing receipts or logs
New evidence discoveredYou found proof of income/exemption accuracyIRS reopens audit to review new documents
IRS made clerical errorTransposed figures or wrong totalsCorrection through reconsideration

Audit Reconsideration vs. Appeal

There are differences between audit reconsideration and an appeal after an IRS audit.

FeatureAudit ReconsiderationIRS Appeal
TimingAvailable only after an audit is completed and the additional tax has been assessed and remains unpaid.Available after an initial IRS examination or collection action, but before you have signed an agreement form.
PurposeTo ask the IRS to reevaluate a tax assessment if new information is available, you missed the original audit, or there was a computational error.To resolve a tax dispute with the IRS without going to tax court.
New evidenceRequired. You must submit new or previously unconsidered information to support your position.Not required. Appeals are based on the existing record, though they consider the “hazards of litigation”.
Level of ReviewReevaluated by an auditor, who may be the same person who handled the original audit.Reviewed by an independent Appeals Officer who is separate from the IRS division that made the initial determination.
Court Review?No. If denied or you disagree with the result, you can request an Appeals conference.Yes. If the appeal is unsuccessful, you can take your case to U.S. Tax Court.

Step-by-Step: How to Request Audit Reconsideration

Step 1: Identify the Tax Year

Identify which year and assessment the reconsideration applies to.

💡Tip: Always confirm that your case is still within the IRS collection statute (10 years) before requesting reconsideration.

Step 2: Obtain and Organize Supporting Documentation

The IRS will not reconsider based on claims alone — you must provide evidence that changes the outcome. Examples include:

  • Receipts, invoices, and contracts
  • Bank statements and payment records
  • Canceled checks or proof of deductions
  • Mileage logs or travel records
  • Corrected Forms W-2 or 1099

💡Insight: The IRS generally prefers copies, not originals. Always label and index your documentation to mirror your original return line items.

Step 3: Draft Your Audit Reconsideration Request Letter

Your letter should include:

  1. Your name, address, and taxpayer identification number
  2. The tax year(s) under reconsideration
  3. A clear statement that you are requesting “Audit Reconsideration”
  4. An explanation of why you disagree with the IRS decision
  5. A list of new documentation enclosed
  6. Signature and date

📘 Reference: Publication 3598 — How to Prepare Your Request

Step 4: Mail Your Request to the Correct IRS Office

Send your reconsideration request and documentation to the IRS office listed on your examination or audit letter. Always send by Certified Mail, Return Receipt Requested for proof of submission.

💡 Tip: Keep a complete digital and paper copy of your entire package — including mailing receipts — for defense documentation.

Step 5: Wait for IRS Review and Response

The IRS typically acknowledges your request. During review, the IRS may:

  • Request additional documentation
  • Schedule an interview
  • Issue a partial or full adjustment

Legal Rights During Reconsideration

You retain the same Taxpayer Bill of Rights (TBOR) protections as in any other IRS process:

  • Right to challenge the IRS’s position and be heard
  • Right to appeal an IRS decision in an independent forum
  • Right to representation
  • Right to finality

💡Tip: An experienced tax lawyer ensures all communications go through counsel — protecting you from inadvertent statements that might harm your case.

📘 Reference: Publication 1 — Your Rights as a Taxpayer

How a Tax Attorney Helps in Audit Reconsideration?

A tax attorney can help in an audit reconsideration.

Attorney FunctionPurposeResult
Case transcript reviewIdentify what triggered IRS assessmentBuild factual defense
Evidence compilationGather and organize proof to meet IRS standardsStronger documentation
Request draftingLegal arguments under IRC and IRMIncreases approval likelihood
Communication managementHandle all contact with IRS examinersPrevent misstatements
Negotiation and follow-upPursue partial settlements or penalty reliefFaster resolution

📘 Reference: Form 2848 – Power of Attorney

Audit Reconsideration Is Your Second Chance at Fairness

If you missed your audit or lost one unfairly, audit reconsideration gives you another opportunity to present your case — and possibly erase tax debts or penalties that shouldn’t exist. Handled properly, this process can turn an overwhelming IRS bill into a manageable or even zero balance.

Contact Pelham PLLC today to schedule a confidential audit reconsideration consultation. Our experienced tax attorneys will:

  • Review your audit transcripts and prior notices
  • Prepare and file your reconsideration request
  • Handle all IRS communications on your behalf
  • Negotiate penalty relief or adjustments
  • Ensure your rights are protected at every step

Don’t let an old IRS audit haunt you — reopen your case, correct the record, and take control of your tax future.

FAQs

What’s the deadline to file audit reconsideration?

There is no strict deadline, but the sooner, the better. The IRS will not review cases after the 10-year collection statute expires.

Can I stop IRS collections while reconsideration is pending?

Yes. You can request collection hold status while the IRS reviews your case.

Do I need a tax attorney?

Not legally required, but highly recommended — attorneys ensure compliance with IRM standards and protect your rights during communication.

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