How an IRS Audit Should Really Be Handled
- Thomas F. DiLullo, Esq., CPA

- Dec 29, 2025
- 4 min read
Why Experience and Control Matter
An IRS audit is not a paperwork exercise. It is a structured examination conducted by a trained Revenue Agent whose job is to test deductions, question income, and identify weaknesses in a taxpayer’s position.
Many taxpayers — and unfortunately many tax professionals — fundamentally misunderstand this process.

The Common (and Costly) Misconception
Revenue Agents issue Information Document Requests (IDRs). Many representatives respond as follows:
IRS issues an IDR
Tax professional gathers documents
Documents are submitted
IRS moves on to the next request
This approach is wrong — all wrong.
It allows the IRS to control:
The pace of the audit
The scope of the inquiry
The narrative of the examination
Passive representation almost always disadvantages the taxpayer.
The First Principle of Proper Representation: Audit the Return Before the IRS Does
An experienced tax professional performs an internal audit before the IRS completes its review. That internal audit identifies:
Strong deductions
Weak or marginal deductions
Areas requiring explanation rather than documents
Likely IRS points of attack
Preparation allows the professional to shape the audit, not chase it.
If the professional prepared the return, they already know:
Why deductions were taken
What evidence truly supports them
What explanations matter most
If the professional did not prepare the return, the internal audit will reveal the issues.
This knowledge is critical because the evidence that proves a deduction is often very different from what the Revenue Agent initially asks to see.
Evidence Is Defined by Law — Not IRS Preference
U.S. Tax Court has consistently held that deductions need only be proven as more likely than not valid. Two things must be proven 1) that the expenditure was for business purposes and 2} its amount.
Important principles:
The IRS does not get to invent proof standards
Documentary evidence is helpful, but not exclusive
Credible verbal testimony may be sufficient in appropriate cases
One of the strongest sources of proof in nearly every audit is:
The taxpayer’s bank statements
Bank statements often provide contemporaneous evidence of:
Business expenditures
Timing and consistency of payments
Patterns supporting business purpose
An experienced tax pro knows how to use such documents for the advantage of the taxpayer.
Bank Deposits Are Not Automatically Income
A common IRS error is treating all bank deposits as taxable income.
Deposits may represent:
Loans
Gifts
Transfers
Returns of capital
Other non-taxable sources
It is the tax professional’s role to:
Identify these deposits
Explain their nature
Prevent improper income reclassification
Gray Areas Must Be Addressed Head-On
Some expenses are marginal.
They may be:
Business or personal
Mixed-use in nature
Subject to skepticism
The difference between allowance and disallowance often depends on:
Early identification
Clear explanation
Prompt presentation
Hesitation invites disallowance.
Control the Examination — Do Not Surrender It
An experienced representative does not simply submit documents and wait.
They actively monitor:
What evidence the Revenue Agent accepts easily
What causes hesitation or resistance
Where clarification is needed
This allows the professional to:
Supplement the record intelligently
Address concerns before positions harden
Preserve credibility
Escalation Is a Tool — Not a Threat
Effective audit defense always keeps escalation options available:
Revenue Agent’s manager
IRS Appeals
U.S. Tax Court
Each level offers:
Greater legal sophistication
Increased receptiveness to case law
Opportunities for reasonable resolution
The ability and willingness to escalate — used properly — is a powerful tool of persuasion.
Using the Taxpayer Bill of Rights Effectively
The Taxpayer Bill of Rights is often dismissed as “all bark and no bite.”
That is only true for those who do not know how to use it.
Experienced professionals use it to:
Enforce procedural fairness
Curb overreach
Frame disputes appropriately
Quietly, but effectively.

Why Choose Our Firm
IRS audits are not theoretical exercises.
They involve real money, real risk, and real stress.
Clients choose our firm because:
We do not react to audits — we control them
We understand how Revenue Agents think
We know what evidence matters under the law
We are comfortable dealing with managers, Appeals, and Tax Court
We focus on strategy, credibility, and outcomes
Experience is not optional in an IRS audit.
It is decisive.
Frequently Asked Questions
What is an IRS audit?
An IRS audit is a formal examination of a tax return to verify income, deductions, and credits. It is not an accusation, but it is an investigation.
Does an audit mean I did something wrong?
No. Many audits are selected automatically or randomly. Once initiated, however, the IRS will look for weaknesses.
Should I just give the IRS what they ask for?
Not necessarily. The IRS asks for documents for its convenience — not based on what best proves your case.
What proof does the IRS actually need?
Proof that a deduction is more likely than not valid. Not perfection. Not excess documentation.
Are bank deposits always income?
No. Deposits may be loans, gifts, transfers, or other non-taxable sources that must be explained properly.
What if the IRS disagrees with our position?
Disagreements can be escalated to managers, IRS Appeals, or Tax Court. Each level offers opportunities for resolution.
Why does experience matter so much?
Because audits involve judgment, persuasion, and strategy — not checklists. Experience determines outcomes.



