The Peck Group, LC
  • Comprehensive Tax Law Representation Since 1995

    We handle every aspect of tax law: preparing tax returns, representing clients during audits, resolving IRS and state tax controversies, and creating tax planning strategies for the future.

  • Problems With The IRS Or State Tax

    Our attorneys are committed to providing efficient and effective tax solutions for individuals and businesses in Georgia and nationwide.

  • Planning For The Future

    Our lawyers help individuals and businesses with all aspects of estate and tax planning. We help our clients use proactive strategies to minimize tax implications in the future

  • Changing The Balance Of Power

    Does it feel like the government has all the power? Taxpayers have rights, too. We use our knowledge of tax law to shift the balance of power and ensure that your rights are protected.

  • Tax Solutions … And Peace Of Mind

Navigating statute of limitations extension agreements, P.2

We’ve been looking in recent posts at extension agreements between the IRS and taxpayers, which extend the deadline for IRS to assess additional tax and can allow taxpayers more time to provide documentation when they disagree with IRS audit findings.  

As we noted, taxpayers do not have to agree to an extension, and they have several options with respect to the type of agreement they make with the IRS. One option, known as an unconditional consent, can be either open-ended or a fixed date. In this type of agreement, the IRS and the taxpayer retain all of the examination and appeal rights they had prior to the expiration of the statute of limitations. This could be beneficial for the taxpayer in some circumstances, but there may be certain cases where the taxpayer doesn’t want the IRS to retain all its examination and assessment rights. 

In such cases, a taxpayer may have the ability to negotiate an extension agreement with the IRS which does not provide a specific date or length of time, or specify which issues can and cannot be examined or appealed. With this approach, it can be helpful to work with an experienced attorney to ensure the taxpayer’s interests are represented in the agreement.

A third option is to refuse to agree to an extension agreement. There are risks to doing so, but the consequences can be different for different types of taxes. Tax other than employment and certain excises taxes involve a process whereby the taxpayer has additional time to either agree or disagree to a deficiency assessment, whereas assessments for these taxes are normally assessed without the taxpayer having any recourse.

Again, working through the audit process and navigating extension agreements can be a complicated process, and it can be an indispensable help to work with an experienced advocate who can ensure that the taxpayer’s rights and interests are zealously advocated.

No Comments

Leave a comment
Comment Information
Email us for a Response

Talk to an Attorney

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Peck Group, LC
5855 Sandy Springs Circle N.E., Suite 190
Atlanta, GA 30328

Phone: 770-884-6914
Fax: 770-933-2369
Atlanta Law Office Map

Payment Cards