Responding to an IRS Audit in District of Columbia
I received an IRS audit notice — here's what District of Columbia law says and what to do next.
Statute: D.C. Code § 47-4312
Deadline: 365 days
Penalty: DC Office of Tax and Revenue must be notified of federal changes within 90 days. Assessment period is three years
What is responding to an irs audit?
An audit letter in the mailbox is one of the more visceral experiences in American adult life, but most audits are routine civil matters about whether the math on a return holds up. Roughly three-quarters of IRS examinations are correspondence audits — done entirely by mail, no in-person meeting. The rest are office audits at an IRS location or, much more rarely, field audits at your home or business.
The Taxpayer Bill of Rights at § 7803(a)(3) guarantees the basics: you have the right to know why the IRS is asking, the right to bring an enrolled agent, CPA, or tax attorney, and the right to appeal anything they decide. An audit does not mean you did anything wrong. Returns get pulled for random selection, statistical scoring (the IRS's DIF score), 1099/W-2 mismatches, or because something on a related return triggered a flag.
What to Do If the IRS Is Auditing You
Step 1: Read the letter slowly. The notice tells you which year is being examined, which line items they're asking about, and exactly what they want. Audits are narrow — answer to the scope, not to your whole tax life.
Step 2: Get representation. Enrolled agents, CPAs, or tax attorneys can speak to the IRS for you. § 7521 gives you the right to be represented and the right to record interviews after 10 days' notice. You don't have to face an IRS examiner alone.
Step 3: Gather records. Organize the documents on the line items they asked about — receipts, bank statements, mileage logs, charitable contribution acknowledgments. Make copies. Never send originals.
Step 4: Respond by the deadline. Silence is the worst answer. Ignored audits become default assessments — the IRS makes the math up and bills you.
Step 5: Appeal if needed. If you disagree with the audit results, file a written appeal within 30 days of the audit report. The Independent Office of Appeals has its own officers, and they regularly settle cases the examiners wouldn't.
How District of Columbia differs from federal law
D.C.'s Office of Tax and Revenue (OTR) conducts its own tax audits:
- Audit authority: D.C. OTR can audit D.C. income tax returns independently of the IRS.
- Statute of limitations: D.C. generally has 3 years to assess additional tax, matching the federal period.
- Federal change reporting: You must report IRS audit changes to D.C. OTR within 90 days.
- D.C. Tax Revision Commission: D.C. periodically reviews its tax structure. Recent reforms have simplified some compliance requirements for individual taxpayers.
Additional steps in District of Columbia
Contact D.C. OTR at (202) 727-4829. File appeals with the D.C. Office of Administrative Hearings (OAH). For unresolved issues, contact the D.C. Taxpayer Advocate.
What you should NOT do
Don't ignore the notice. Ignored becomes default assessment. The IRS picks the numbers and they pick to their advantage.
Don't volunteer extra information. Answer what's asked, send what's requested. Nothing more. Volunteering opens new lines of inquiry that weren't on their radar.
Don't lie or fabricate documents. A civil audit becomes a criminal investigation the moment falsified records show up. § 7206 covers tax perjury — felony, up to three years.
Don't agree to extend the statute of limitations on a Form 872 without talking to a tax professional first. The IRS often asks for an extension when their three-year window is closing. You can refuse, and sometimes refusing is the right move.
Don't wait — the clock is ticking.
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Generate your irs audit response →This page is general legal information for District of Columbia, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in District of Columbia.