Who Has the Burden of Proof in an IRS Audit? It might shock you to learn the burden of proof in an IRS audit, and in most dealings with the IRS lies on the US taxpayer, not on the IRS. This is quite backwards from an American perspective on “innocent until proven guilty” or the requirement of the IRS to prove its case against you “beyond a reasonable doubt.” Unfortunately, when a US taxpayer faces the IRS they are not in a position of strength or power. At least not initially.
Allen Barron will help to change this equation and shift the balance of power into a more favorable position for you. How do we accomplish this? The IRS must conform to all US tax laws and to generally accepted accounting principles. The average US taxpayer does not have the credibility or standing to argue either point with an IRS revenue officer or auditor. Allen Barron’s tax attorneys have extensive expertise in tax and accounting, and are able to hold the IRS accountable to US tax laws and accounting procedures.
This is one of the many reasons why a US taxpayer should never communicate directly with the IRS. We are able to argue your position based upon the facts, and supporting tax laws and accounting strategies. Once we have successfully presented an argument, the burden of proof shifts back to the IRS. There are many strategies Allen Barron offers to its clients to protect them from the IRS, and to help to shift the balance of power in present and future negotiations.
If you are facing an IRS audit, or any interaction with the IRS we invite you to contact the experienced tax attorneys at Allen Barron for a free and substantive consultation at 866-631-3470. Learn about the burden of proof in an IRS audit. Learn about our free white paper which will help you to prepare for your audit. Learn about the protections of the attorney-client privilege and the strategies to shift the balance of power away from the IRS, so that you have a genuine opportunity to prevail.