Tax Audit Delay, refund withheld


Hi, I efiled my tax return in January, they accepted it day 1 of accepting returns. 2 months later I received a letter about being audited. It was a very specific audit, the only thing they asked me to verify was that my children to in fact live at the same address. This was difficult for toddlers but with help from their doctors and the state with benefit information I was able to provide these details. They stated within 60 days of providing the details they would solve the audit. 2 months after that they sent me a letter saying we received your audit response and will review it by November 16th. 60 days turned to 8 months. Still withholding refund. As a low income family every year we budget applying our tax return towards our rent to make it possible to get by for the rest of the year on my low income. I also trade stocks to supplement my income. I’ve now had to sell off my entire investment account for penny’s on the dollar. I’ve lost thousands of additional income because of that in addition to missing the tax refund in the first place. Would this be a good scenario to file complaint against the IRS to take them to court? Publically they claim to be focusing extra on audits with Bidens 80 billion dollar budget bill for the IRS specifically labeled for doing audits. If not, is there anything else I can do? Losing it all this year! Thanks!

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Posted by Anonymous
Asked on June 21, 2021 6:29 am
Public question
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It appears you are involved in a correspondence audit with the IRS. Unfortunately the IRS has wide discretion in the timing and duration of an audit. Unfortunately, we do not currently handle that type of matter, and I suggest you contact another lawyer to evaluate your claim. The Colorado Bar Association maintains a list of licensed Colorado lawyers. You can find that list at I would also suggest contacting the IRS directly and determine the status of the audit. You may also want to write the department listed on the letter directly. Most often the delay is that the IRS is simply overwhelmed by the volume of mail it receives.

Good luck.

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Posted by Bill Henry (Questions: 1, Answers: 75)
Answered on June 21, 2021 6:42 am