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IRS · Audit Strategy

How Smart Tax Planning Can Protect You During an IRS Examination

An IRS audit is not a verdict. It is a process. How it ends depends almost entirely on what happened before the notice arrived — and who handles the response after it does.

High-income taxpayers in California are audited at significantly higher rates than the general population. Returns with large Schedule E rental losses, returns with significant cash businesses, returns with complex multi-entity structures, and returns with foreign account disclosures all trigger elevated scrutiny. The IRS does not audit randomly — it audits patterns that correlate with underreporting.

Understanding what attracts examination is the first layer of protection. The second layer is documentation. The third is having a licensed CPA who knows the process handle the response.

What the IRS Is Actually Looking For

Most correspondence audits — the kind that arrive as a letter rather than a scheduled appointment — are asking a single question: can you substantiate this deduction? A CP2000 notice is the IRS telling you that information reported on your return does not match information reported to them by third parties. A standard audit of a Schedule C business is typically focused on whether reported expenses are legitimate and documented.

Complex audits of high-income returns or multi-entity structures are broader. The examiner is looking at how income and deductions flow between related parties, whether passive activity rules are being applied correctly, whether business deductions have the required nexus to the business, and whether any transactions between related entities were conducted at arm's length.

The Real Estate Professional Status Examination

This is one of the most frequently challenged areas in IRS examinations of high-income returns. When a taxpayer with significant W-2 income claims to be a real estate professional and deducts rental losses against that income, the IRS wants to see the hours. Not an estimate. Not a summary prepared in response to the audit. They want contemporaneous records — logs kept during the year showing the dates, activities, and duration of time spent on real estate activities.

Taxpayers who face this examination without contemporaneous records almost always lose. Taxpayers who have maintained proper logs, who can demonstrate material participation in each property (or a valid grouping election), and whose filings are internally consistent — are in a very different position.

What Happens When You Receive a Notice

The moment you receive any IRS or FTB correspondence, call a CPA. Not because you have done anything wrong — but because every response you give from that point forward is part of the record. Taxpayers who respond directly, without representation, often answer questions they were not required to answer, provide documents that open new lines of inquiry, and agree to adjustments they could have contested.

A licensed CPA files Form 2848 — Power of Attorney — and the IRS communicates with the CPA from that point forward. You stop receiving letters. The CPA manages what information is provided, in what format, and in response to exactly what the examiner has authority to request.

Proactive Documentation Is the Best Audit Protection

The best time to prepare for an IRS audit is before one is announced. That means maintaining contemporaneous records for real estate professional status hours. It means keeping receipts and documentation for every business deduction. It means having a consistent, defensible position on any related-party transactions. It means filing returns that are accurate, complete, and prepared by a CPA who can explain every line if asked.

Returns prepared by a licensed CPA are examined at lower rates than self-prepared returns. When examined, CPA-prepared returns result in smaller adjustments on average because the positions taken are defensible and the documentation exists. The CPA who prepared the return can also represent you during the examination — which is the most efficient outcome.

Written by
Alex Gurovich, CPA — PacificWestTax
License #137614 · CalCPA Member · Orange County, CA
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