IRS Audits
Professional representation when the IRS examines your returns
What is an IRS Audit?
An IRS audit is an examination of your tax return to verify that your income and deductions are accurate. It doesn't mean you did anything wrong. Sometimes it's random, sometimes it's triggered by specific items on your return.
But here's what most people don't realize: an audit is a negotiation. The IRS agent examining your return has significant discretion. How you respond, what documentation you provide, and how you communicate can dramatically affect the outcome.
That's why having professional representation matters. You're not required to face the IRS alone, and in most cases, you shouldn't.
What to Never Say to an IRS Examiner
In any IRS audit, the examiner is collecting information to support adjustments and assessments. They are not your friend, your advisor, or your advocate. The instinct to "just answer the questions and be helpful" is one of the most common causes of audits going badly.
Specific things to never say:
"I think..."
Speculation creates record. If you do not know the precise answer, say so. Do not guess.
"That's probably from..."
Same problem. If you do not have the documentation, the examiner will note your uncertainty and assess against you.
"My wife/husband handles that..."
This invites the examiner to expand the audit to your spouse and may open joint and several liability issues.
"We always do it this way..."
This invites a multi-year audit by suggesting the same issue exists in other years.
"My accountant told me to..."
Generally weak as a defense and may invite preparer-error questions that complicate your position.
Anything not directly responsive to the question
Volunteering information widens the audit scope.
The right approach is to answer specifically what was asked, no more, with documentation when available, and to say "I do not know" or "I will need to check my records" when you genuinely do not have the answer.
Eggshell Audits: When Criminal Exposure Is Possible
Most audits are civil. But some audits begin civilly and have potential criminal implications. These are called "eggshell audits" in tax controversy practice.
Indicators that an audit may have criminal exposure:
- •Pattern of significantly underreported income across multiple years
- •Cash-intensive business with poor documentation
- •Unreported foreign accounts (FBAR/FATCA non-compliance)
- •Specific badges of fraud noted in the file (false entries, fabricated documents, hidden assets)
- •The IRS examiner is or has consulted with a Criminal Investigation Division agent
- •Form 4564 (Information Document Request) asks unusually detailed questions about financial intent
Eggshell audits require representation from an attorney who concentrates on tax controversy, often with parallel criminal counsel. Statements made in the audit can be used against the taxpayer in a subsequent criminal proceeding. Strategic decisions about cooperation, document production, and interviews are significantly different from regular civil audit defense.
If you suspect your audit has criminal potential, get counsel who focuses on criminal tax matters immediately. The cost of inadequate representation in an eggshell audit is potentially years of incarceration and substantial fines, not just additional tax.
For complete audit defense strategy, see what triggers an IRS audit: the 10 red flags.
Types of IRS Audits
Correspondence Audit (Mail Audit)
The most common type. The IRS sends a letter asking you to verify specific items on your return, such as a charitable deduction, business expenses, or something that caught their attention. You respond by mail with documentation. These are usually the simplest audits.
Office (In Person) Audit
The IRS requires you to come to their office with your records. These are more comprehensive than mail audits and involve face-to-face meetings with an examiner. The scope is usually limited to specific issues identified in the audit notice.
Field Audit
An IRS agent comes to your home or business to examine your records. These are the most intensive audits, usually reserved for complex returns, business returns, or situations where the IRS suspects significant underreporting. Field audits can expand to multiple tax years and multiple issues.
What Triggers an Audit?
The IRS doesn't publicly reveal exactly what triggers audits, but certain factors increase your chances:
High income
The more you make, the more likely you are to be audited
Large deductions relative to income
Claiming $50,000 in charitable donations on $80,000 income will raise flags
Self-employment income
Schedule C filers face higher audit rates
Cash-intensive businesses
Restaurants, retail, and service businesses
Home office deductions
Frequently scrutinized by the IRS
Round numbers
Reporting exactly $5,000 in expenses looks estimated, not documented
Mismatched income
Your return doesn't match the W-2s and 1099s the IRS received
Random selection
Sometimes audits happen for no reason at all
Your Rights During an Audit
You have rights, and the IRS is supposed to respect them:
Right to representation
You can have an attorney, CPA, or enrolled agent represent you. You don't have to speak directly to the IRS.
Right to understand
The IRS must explain what they are asking for and why.
Right to appeal
If you disagree with the audit findings, you can appeal within the IRS and to Tax Court.
Right to privacy
The IRS can only request information relevant to the audit.
Right to finality
There are limits on how long an audit can drag on.
How We Handle Your Audit
Review the Notice
We analyze the audit notice to understand exactly what the IRS is questioning and why. Sometimes the scope is narrow, and sometimes it is broader than it first appears.
Gather Documentation
We work with you to compile the records that support your position. This might include receipts, bank statements, contracts, mileage logs, or other evidence.
Represent You
In most cases, you don't need to attend the audit at all. We meet with the IRS examiner, answer their questions, and present your documentation. This prevents you from accidentally saying something that could hurt your case.
Negotiate the Outcome
If the IRS proposes changes to your return, we negotiate. Our goal is to minimize adjustments, eliminate penalties, or reach a more favorable settlement than you would get on your own.
Appeal if Necessary
If we cannot reach an acceptable resolution with the examiner, we can appeal to the IRS Office of Appeals or, ultimately, to Tax Court.
Common Questions
How far back can the IRS audit?
Generally, the IRS has three years from when you filed to audit a return. But if they find substantial underreporting (more than 25% of income), they can go back six years. If they suspect fraud or you didn't file at all, there is no time limit.
What if I don't have the records they're asking for?
This is a common problem. We can help reconstruct records from bank statements, credit card statements, and third-party sources. It's not ideal, but it's often better than nothing.
Can an audit turn into a criminal investigation?
It's rare, but it can happen. If the examiner suspects fraud, they are supposed to stop the audit and refer the case to the Criminal Investigation Division. This is why having an attorney matters, because communications with your attorney are privileged and protected.
What happens if I ignore the audit notice?
The IRS will make changes to your return based on their assumptions, usually the worst possible assumptions, and send you a bill. You'll lose your chance to dispute their findings and may face additional penalties.
Will I definitely owe more after an audit?
Not necessarily. Sometimes audits result in no change. Occasionally, taxpayers even get refunds if the audit reveals errors in their favor. But more commonly, yes, the IRS will find something they want more tax on.
Related Videos
IRS Audits Aren't Scary If You Know This!
9:57
Read the transcript
In today's video, I'm going to share with you the secret to winning IRS audits. Most people think that IRS audits are unbeatable. And here's the secret to coming out on top. Number one, I do this in every single audit that comes in. You need to understand why were you selected? Why? What is the problem on the return that caused the audit to begin with? If we don't understand, we're not going to be able to win.
Now, there are some we're not going to be able to do as well. There are some audits that are truly random and they're I forget what they're called. They're called something like basically they're totally random audits and they just want to look at every single little thing. I handle a lot of audits and I haven't seen one of those in a number of years. So I'm not even really sure if those are going on.
But typically an audit will have one issue or two issues or a few minor issues and they just want to understand why was their income not reported or why is this deduction so high. The next thing you need to do, and you can really, if you're watching this video, you probably already got an IRS notice, audit notice, but it's really important to keep good records. I could defend just about any deduction that was illegal as long as I had the documentation to prove it.
And unfortunately, most of my audit clients don't have good records. They say to me, "Darrin, I have my bank statements." Or, "Darrin, I have my credit card statements. Aren't those enough?" No, they're not enough. just to see an expenditure on a bank statement, particularly if you have a co-mingling problem where you're mixing business and personal expenses in the same bank account. But if there just because there's a line item on a bank statement that says you went to Home Depot, there's no way we know what did you buy at Home Depot.
We actually need the receipt that says I bought lumber and I bought nails and I bought cement and those things. And those would be appropriate deductions if you're a contractor, for example. And hopefully in that contractor example, we'd even have the name of the job, number one, 123 Main Street, that kind of thing. The next thing you want to make sure when you get an audit notice is you want to make sure that you respond promptly and professionally.
You don't want to ignore your notice. You don't want to miss deadlines. Every single audit notice is going to have a deadline. You can usually get that deadline extended or changed if you just communicate with the auditor, but don't ignore them. That's not a good thing. Typically, if you ignore an audit, it's going to come out much worse. When you're communicating with the auditor, don't volunteer extra information.
Give them what they ask for and nothing more. In fact, I typically will not let my taxpayers attend an audit. And the reason is if they attend the audit with me, they're going to run their mouth because human beings, we have a tendency to think that we can talk our way out of anything and everything. And so, they will try to just explain away everything. And running your mouth is typically not a very good solution when you're in an audit.
In fact, when I'm in an audit and representing you as a taxpayer, hypothetically, I will often talk to the auditor and I will run my mouth, but I'm not running it about the audit, not running it about the issues. I'm talking about everything but the issues. And the reason that I do that is because if I can be distracting, maybe they won't see that thing that I'm actually really worried about in the audit.
It's worked a lot of times over the years. You would not believe it. When you're dealing with an audit, you need to know what your rights are. You have a right to appeal. You have a right to representation. You have a right to pay only what you legally owe. So, a lot of times people think that the IRS can just send you a letter say you owe us an extra $5,000.
That's it. There's no way to fight it. You're just stuck. You're just done. That's not the case. You definitely have rights. You have a right to appeal. The IRS cannot even assess tax against you unless um they send you a for the most part a notice of deficiency. A notice of deficiency comes certified mail and after you get the notice of deficiency, you have 90 days from the date of the letter to file a suit in tax court.
There are some common mistakes. Taxpayers can often lose issues in the audit because they can't substantiate their claims. They can't substantiate their deductions. Why is that? because they didn't have good records or because sometimes they just don't want to put up the effort to obtain the records. I would suggest the better way to handle this is to keep good records on a daily basis. I've made another video about this recently, but I use a service called shoeboxed.com where you basically just keep every receipt, every invoice that you pay.
You put it on a pile every month or so, for me at least, I put it in the big blue magic envelope that they provide and they scan those receipts for me and store them in the cloud for me forever. That way, if I ever get audited, I just print out my records, send them in with the audit, and there should be uh no mus, no fuss because I don't take deductions where I don't have receipts.
You can leverage experts when you're handling an audit. You can hire an enrolled agent, a CPA or an attorney to help you with your appeal and frame your facts correctly. Sometimes we can still prevail on deductions where you don't have good documentation. It's a factbyfact basis. When you're thinking about hiring a professional, it's important they understand what the three types are. An enrolled agent is somebody who has taken a test typically in order to be able to practice before the IRS.
But sometimes retired IRS employees also can grandfather in without taking a test at all. And those types actually concern me some because many revenue officers that I've met with or dealt with it in the past have no idea how to prepare a tax return, let alone represent somebody on the other side of the table. CPAs are typically very numbersbased. There's no advocacy training in uh in their college to become a CPA.
And so we do use CPAs on a regular basis here when we have questions about complex mathematical equations and numbers. I would typically suggest that a tax attorney is the best person to help you with an audit. Simple case or simple reason is that tax attorneys are trained extensively in advocacy during our law school. And also especially if that lawyer's ever had any trial experience, that trial experience is going to come in handy.
Why do I say that? Because an audit is not a trial, right? No. But I'll tell you one thing. When I used to do criminal defense, I used to go to court every day, usually in the morning and in the evening. And during trials and even sometimes during plea hearings, stuff would go wrong. Stuff that you had no idea that was going to happen and things that you couldn't necessarily contemplate.
And then you just had to handle it. And you had to be able to do it with a demeanor that indicated that you weren't surprised. and you just had to come up with something off of your top of your head to try to mitigate that situation. And we get really good at it. And almost every audit, there's things that happen that you just couldn't you couldn't foresee.
And that quick thinking that we learn for through other types of law can come in real handy when it comes to your audit. So, I just want you to think about the audit outcome options, too. Okay. So, there's basically three things that can happen. There can be a no change. They're going to be an agreed adjustment or you can have an appeal. A no change simple. They audit your return.
They think, "Wow, this return is the rare perfect return. You don't see it that often, but this is the rare perfect return. There's no changes necessary." The next option would be we audited your return and you owe two grand and if you agree, you sign these papers and you pay us two grand or get into an installment agreement and the thing is over. And the last is no, we just don't agree.
If you don't agree, you have a couple different options. Lately, what's been happening is the IRS has just been issuing taxpayers what's called a notice of deficiency. The notice of deficiency gives you the right to file a tax court petition and tax court within 90 days. You file your tax court petition and then within a few months you get a hearing with IRS appeals and nine times out of 10 it gets worked out like that.
There's another way, another thing that they do on occasion. I haven't seen it in a number of years, but you they can say, "All right, we're going to give you the the opportunity to file an audit protest. An audit protest is simply an appeal. It goes to IRS appeals first. If you can work it out on IRS appeals, then they will not issue you a notice of deficiency and you won't have to file the tax court petition." But again, like I said, typically what we've been seeing the last number of years, probably last decade, has been more notices of deficiency.
And I think that's because to file a tax court petition is much more intimidating to your typical taxpayer. So I think it's just another ploy to get people to give up and not want to fight. It's important to have the right mindset when you've been audited. If you've been very aggressive in your tax strategies, your tax deductions over the years or the past 20, 30 years, and you get audited in a particular year, and the IRS wants to ding you for six grand or something and or they haven't found some of the other issues on the tax return, it might make sense to just go ahead and chalk it up to I've been getting away with things for a long time and this is just part of the cost of doing business.
I'm not necessarily saying you should concede to things that are improper, but sometimes you reach a point of diminishing returns where the amount that they're proposing that you pay is less less in terms of money and or heartache than if you continue. So, these are the things that I really wanted to share with you with regard to winning IRS audit secrets. Um, hopefully some of these been helpful for you and hopefully it's done something to allay the fears if you have been audited and you just don't know what to do.
Thanks for watching.
IRS Audit Red Flags: 7 Mistakes That Get You Audited
5:00
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IRS audits aren't random anymore, especially going into 2026. The agency is using new data matching tools and AI systems that flag inconsistencies faster than anything we've seen before. And the truth is, the red flags that trigger audits are usually hiding in plain sight. Today, I'll breakdown the specific mistakes that pull returns into the IRS Spotlight, why those triggers will matter even more in 2026, and how to file in a way that keeps you off their enforcement list.
The IRS doesn't audit everybody. Here's who they target. The IRS uses mismatch data algorithms and income deduction ratios. There's something called a DIF score that is applied to every line on your tax return. If that score is out of tolerance, that triggers a manual review and sometimes an audit. Most audits happen because something on their return just doesn't make sense. If the story your numbers tell isn't believable, the IRS will want to take a closer look.
Audit trigger #1 Income that doesn't match your lifestyle. The IRS compares reported income with spending, mortgages, cars, credit card data, and business activity. If you report a very low income but live like somebody making three to four times more, that raises flags. In one example that I can think of, I was representing a truck driver for an IRS problem. He had liabilities that he owed to the IRS, and he showed $900, 000 of gross revenue on his Schedule C driving the truck.
By the time the other tax preparer had written off all the deductions, his income showed of just $9000. And that story just doesn't make sense. Who would drive a truck for $9000 a year? That just doesn't make sense. And that person was likely to be audited. The second audit trigger is round numbers and estimated expenses. Returns full of perfect numbers like 5010 thousand or 20,000 look like guesses.
The IRS assumes estimates are inaccurate and that creates a higher chance of audit. If every expense ends at a zero, it screams I made this up. Audit trigger #3 aggressive deductions for small business owners on the Schedule C home, office mileage, meals these are all commonly abused and heavily audited. Business deduction business deductions must be ordinary and necessary poor documentation equals immediate risk of audit. Small business owners get audited more not because they're dishonest, but because they're disorganized and unsophisticated.
Another audit trigger is large losses, especially year after year. If the IRS sees repeated business losses, they suspect hobby activity. Losses used to offset other income raise suspicion. If the business returns a profit, the IRS may challenge those deductions. The next audit trigger is mismatched information returns. Information returns are those firms that we all love like W Twos and 1090 nines. What happens is the IRS matches what you file with what employers and companies file.
If you're missing a 1099, that's one of the top audit triggers. The IRS often already has your income before you file, they're just checking whether you report it. The next audit trigger is issues with cryptocurrency reporting, and these are going to become even increasingly more important. The IRS now tracks crypto transactions closely. Transfers between wallets without clear documentation can cause confusion. Not checking yes to the digital assets question when you should have looks like intentional concealment.
Next, high deduction returns in low income brackets, Low income filers claiming refundable credit such as EITC, child tax credit, etcetera are audited frequently not because they do more wrong, but because there's more fraud in these categories. It's really unfair, but it's reality. These audits are painful because most people don't have the record. If any of these red flags apply to you, don't panic and just get informed.
Put together a free resource called the IRS Freeze Guide. When you feel frozen about what to do when the IRS comes calling. You need this. You can download it below. What's changing in 2026 and why you can't ignore this anymore? Well, the IRS is implementing stronger data matching and automation. They have more funding, more personnel, and that means more audit reviews. AI detection will catch discrepancies faster than humans ever could.
If you got away with mistakes before, 2026 is not the year to test your luck. Let's talk about how to audit proof your return. Before you file, you need to report all income. The IRS likely already has it. You need to keep receipts and mileage logs in digital form. Avoid estimates. Use your real numbers. Make sure deductions match your industry norms. If I'm sure, talk to a tax professional before the IRS starts asking questions.
Now you know the biggest red flags that actually pull a return into an audit and how the IRS is tightening enforcement in 2026. Even small mistakes that used to slip by won't stay hidden anymore. But here's the part that most people miss. If you've fallen behind on your taxes even by a few years, those same red flags become far more dangerous. And the IR s s new systems are designed to find non filers faster than ever before.
So before you try to file late tax returns on your own, watch my next video walks you through exactly what the IRS does. What options still exist in the step by step path to getting back into compliance safely? See you there.
The #1 Mistake That Makes IRS Audits Worse (After 30+ Years of Experience)
6:15
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IRS audits don't usually go wrong because someone was trying to cheat. They go wrong because people respond the wrong way. The wrong time for the wrong reasons. Most taxpayers think an audit is just about paperwork. Receipts. Forms. Numbers. Documents. But in reality, an IRS audit is about positioning. By the time the IRS starts asking questions, they're already testing whether your story makes sense and how you respond early on determine whether the audit stays narrow or quietly turns into something far more expensive.
In this video, I want to walk you through the most common IRS audit mistakes that I see, why they cost people thousands of dollars, and what you should be doing differently if you want to stay in control of the process instead of reacting to it. Mistake number one treating an IRS audit like a casual conversation. One of the biggest mistakes people make is assuming the IRS auditor is just looking things over, so they start explaining.
They talk too much. They answer questions that weren't actually asked. An IRS audit is not a conversation. It's a structured process. And every word you give the IRS becomes part of the record. Auditors are trained to listen for inconsistencies. If your explanation wanders, evolves, or induces new facts, you're expanding the audit yourself. The safest response is always precise, limited, and supported by documentation, nothing more. Mistake number two oversharing because you think cooperation equals safety.
People believe that being overly cooperative with the IRS will make the audit easier, so they volunteer timelines, they give background stories, they explain motivations. That instinct is understandable, but it's dangerous. The IRS doesn't need context unless it's legally relevant. When you overshare, you give the auditor new angles to explore. Audits don't expand because the IRS is suspicious, necessarily. They expand because taxpayers or their documents give them reasons to expand the audit.
Mistake number three believing missing receipts automatically means you lose. This is one of the most damaging assumptions that taxpayers make. If they don't have perfect documentation, they assume the IRS wins by default, and that's simply not true. The IRS allows reconstruction of records. In fact, reconstruction is normal. Nobody calls my office with pristine records going back years. You can rebuild expenses using bank statements, vendor histories, invoices, mileage logs, job locations, industry norms.
What matters isn't perfection. It's whether the reconstruction is logical, consistent, and reasonable. The real mistake is missing paperwork. It's failing to present a defensible alternative. Mistake number four accepting the first auditor's conclusions as final. Many people don't realize this, but an audit report is not a verdict. The first auditor is not the final authority. Their job is to review what's in front of them and issue a report based on that snapshot.
Appeals exist for a reason. Appeals officers are more experienced, they're more focused on resolution, and they're often form more reasonable than front line auditors. I've seen countless cases where taxpayers accepted assessments simply because they didn't know they could push back, or were too exhausted to fight. Assuming that this is just how it is, it's one of the most expensive mistakes you can make. Mistake number five rushing to close the audit just to make it stop.
Auditors stressful. People want relief so they agree to adjustments. They don't fully understand. They sign reports they haven't reviewed carefully. They waive appeal rights just to move on. That short term relief almost always creates long term damage. Once an assessment is finalized, penalties and interest begin compounding and collections become the next phase. Speed helps the IRS, but deliberation protects you. Mistake number six not understanding what the IRS is actually looking for.
Most audits aren't about fraud. They're about whether your numbers make sense together. The IRS looks for patterns, income that doesn't match lifestyle expenses that look estimated deductions outside industry norms. Losses that repeat year after year. Your tax return as a story. And if the story you return tells isn't believable, the IRS will start pulling threads. That's why I just organize. Books are dangerous. Not because they're illegal, but because they're hard to defend.
Mistake number seven. Letting fear dictate strategy. Fear causes people to talk too much. Agree too quickly. Avoid asking questions and give up leverage. The IRS is not offended by structure. They expect documentation. They expect clarification. They even expect to disagreement as long as it's done correctly. Freezing up doesn't help your case. Oversharing doesn't help your case. Rushing doesn't help your case. Audits are not about proving innocence.
They're about whether your position is defensible. And the IRS will always take the path of least resistance. Why? These mistakes feel reasonable in the moment. This is the hardest part. Most audit mistakes feel reasonable at the time. People assume the IRS already knows everything. Pushing back will make it worse. And I just want this over with. But those instincts work against you. Tone beats compliance structure beats speed, and strategy beats fear.
What smart audit responses actually look like? A smart auto response focuses on limiting scope, answering only what's ask. Supporting positions with documentation. Reconstructing records when necessary. Preserving appeal rights. It's not about being aggressive. It's about being intentional. If any of these mistakes sound familiar, don't panic. Just get informed. I put together a free resource called the IRS Freeze Guide. explains what to do if you're frozen with fear and just don't know what to do, why it happens, and how to file yourself out so you can take action and start to resolve your IRS problems for good.
You can download it for free using the link below. One more mistake that deserves its own mention. The final mistake I see is waiting until enforcement begins before taking things seriously. Once liens, levies, or garnishments are on the table, your leverage is gone. At that point, you're not planning anymore. You're reacting. The earlier you engage, the more options you have. Waiting doesn't buy time. It costs it.
The IRS audits aren't fatal. But responding to them the wrong way can quietly turn a manageable situation into a very expensive one. The better move is understanding what actually triggers audits in the first place, because avoiding them is always easier than fixing them after the fact. That's why you should watch my next video, where I break down the top IRS audit triggers. And what puts returns on the IRS enforcement radar?
See you there.
Don't Face the IRS Alone
An IRS audit is stressful enough without trying to handle it alone. The examiner is trained to ask questions in ways that reveal weaknesses in your position. They do this every day. You don't.
Let us handle the IRS while you focus on your life and business. We know what examiners are looking for, what documentation is needed, and how to negotiate when they push back.
