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Tax Controversy Roadmap — Part 2

The Exam Station

How an audit runs — and the four ways it can end, two of which start a clock you cannot get back.

Donovan Legal · Tax Controversy Practice

This post is part of a high-level series. It explains federal tax procedure in general terms and is not legal advice; reading it does not create an attorney–client relationship. The 30- and 90-day windows described below are short, and one of them cannot be extended. Before responding to an audit notice, consult counsel.
font-family="'Helvetica Neue',Arial,sans-serif"> TAX CONTROVERSY ROADMAP · PART 2 The Exam Station How an audit runs — and the four ways it can end. DETAIL MAP if unresolved Selected for Exam from Assessment Station · Part 1 Examination Correspondence·Office·Field Contact L.2205-A/566 · IDR Exam Report Form 4549 — examiner's findings No Change Closed — no adjustment Agreed Sign Form 4549 / 870 → assessed → Collection · 5 30-Day Letter Unagreed · L.525 / 915 → APPEALS · 4 Notice of Deficiency 90-Day Letter L.3219 / 531 → TAX CT · 7 Exam Alternatives Audit recon (F.12661) innocent spouse · OIC-DATL PART 3 30 L.525/915 Protest 30 days → Appeals (Part 4) 90 §6213(a) NO TOLLING — JURISDICTIONAL Petition 90 days → Tax Court (Part 7) after assessment / on new facts PART 2 OF THE SERIES. General information about tax procedure — not legal advice. Deadlines run from the date on the notice. DONOVAN LEGAL One firm. One signature. Full-arc defense.
Part 2: the audit process and its four dispositions — no change, agreed, the 30-day letter to Appeals, and the 90-day Notice of Deficiency to Tax Court.

The record is the case

An audit is not the place where a tax dispute is argued. It is the place where the factual record is built — and that record governs what is possible at every stage after it.

By the time a matter reaches Appeals or a courtroom, the substantiation either exists or it doesn't; the privilege either was protected or it was waived; the scope either was contained or it grew. Those outcomes are decided at the Exam Station. Treat the audit as the case, not the prelude to it.

Three kinds of audit

Examinations come in three forms, escalating in reach. A correspondence audit is conducted entirely by mail, usually over a narrow issue. An office audit brings the taxpayer into an IRS office. A field audit sends a revenue agent to the taxpayer's home or business and tends to be the broadest. The opening contact arrives as a Letter 2205-A or Letter 566, and the examiner's requests for substantiation come as Information Document Requests (Form 4564).

The exam report

When the examiner finishes, the proposed changes are set out in Form 4549, Report of Income Tax Examination Changes — line by line, with the revised tax, penalties, and interest. From that report, an audit can end in one of four ways.

The four ways an audit ends

Signing is a waiver. The consent on Form 4549 or Form 870 does more than agree to a number — it gives up the right to take the issue to Appeals or to the Tax Court. It should not be signed without understanding exactly what is being surrendered.

The two clocks

The 30-day protest window on a 525 or 915 can usually be extended on request before it lapses — but only before. The 90-day petition window on a Notice of Deficiency is different in kind: it is jurisdictional and cannot be extended. The Supreme Court's 2022 decision in Boechler opened equitable tolling for the separate 30-day collection-hearing deadline, but courts have declined to extend that reasoning to the deficiency clock. Miss the 90 days and the prepayment forum is gone — leaving only the pay-first, sue-for-refund path (Part 7).

When the normal track has closed

Not every audit is handled in time, and facts surface late. Where a 30-day or 90-day window has lapsed — or where new evidence emerges — there are still routes back: audit reconsideration (Form 12661), innocent-spouse relief, and a doubt-as-to-liability offer in compromise. Those are the subject of the next post.

One firm, the full arc

What gets built in the audit record decides the rest of the matter. The same hand that controls the examination should be the one that carries it into Appeals or the courtroom if it goes there. Donovan Legal represents taxpayers across the entire arc — exam through litigation — under one signature.

One firm. One signature. Full-arc defense.