Win Your IRS Audit
The 204-page playbook a former IRS attorney and appeals officer wrote so you can walk into your audit prepared — not panicked.

204 Pages
Published 2021
By Kreig D. Mitchell, JD, LLM
Defend Yourself Against an IRS Audit
A quick word from the author on how this book gives you the tools and confidence to push back against an IRS audit.
Credentials & Qualifications
Former IRS Attorney
& Appeals Officer
LLM, Taxation
University of Houston
Member, Texas
State Bar
Hundreds of
Audits Defended
About the Book
“If your tax return is pulled for audit, you are guilty until you prove you are innocent.”
IRS audits are stressful, complex, and stacked against you from the start. This book gives you the playbook to push back — in plain English, with clear examples drawn from hundreds of real audit cases.
No Tax Knowledge Required
Written in plain English. You don’t need to be an accountant to follow it.
Clear Examples & Direction
Real audit scenarios and step-by-step guidance for each stage of the process.
Practical Guidance & Tips
Insider tactics from a tax attorney and former IRS appeals officer.
Is This Book Right for You?
Written for
People who need to win an audit
- Taxpayers who just received an IRS audit notice and want to defend themselves
- Business owners facing a research credit, cost segregation, or complex business audit
- CPAs and EAs who want an audit-defense playbook for their clients
- Tax preparers, paralegals, and law students learning IRS procedure
- Anyone heading into IRS Appeals or considering Tax Court
Not written for
A few things this book is not
- It’s not a tax return preparation manual or a guide to filing your 1040
- It’s not a quick-fix promising the IRS will simply go away
- It’s not legal advice for any specific case or substitute for an attorney
- It’s not focused on criminal tax investigations or fraud cases
- It’s not a marketing brochure for a tax-resolution firm
What’s Inside
The full table of contents from the Second Edition. Click any chapter to expand.
Updated with post‑Loper Bright guidance, BBA partnership audits, ERC examinations, conservation easements, and more.
1. The Framework
Orients you to how the IRS is organized, where audits fit in the broader tax system, who you’ll actually deal with inside the agency, and the vocabulary you need to follow the rest of the book.
2. Know Your Rights As a Taxpayer
Walks through all ten rights in the Taxpayer Bill of Rights — from the right to be informed to the right to a fair and just tax system — the statutory backbone behind each one, and where those rights run up against practical limits.
3. Review the IRS Audit Notice
How to confirm the notice is real, read it carefully, identify which type it is (math error, CP2000, audit, statutory notice), handle the last-known-address rule, and pull your IRS transcripts before you respond.
4. Identify the Type of Audit
Correspondence, office, and field audits side by side — plus automated underreporter, LB&I, TE/GE, BBA partnership audits, Joint Committee refund reviews, and criminal investigations — and how the type drives your strategy.
5. Identify the Reason for the Audit
Why your return got picked: the DIF score, information-return mismatches, related-return pickups, compliance campaigns, third-party referrals, preparer fraud and the extended statute, plus repetitive-audit protections and reconsideration cases.
6. Decide Whether to Enlist Help
Tax attorneys vs. CPAs vs. enrolled agents vs. return preparers — who can represent you, when to hire help, how to find the right person, what representation actually costs, and the special problems that arise when criminal exposure or privilege is on the table.
7. Prepare for the Audit
Income and expense documentation requirements for ordinary business expenses, travel/meals/entertainment, charitable contributions, listed property, and R&D credits — how long to keep records, what to do when records are lost, using AI to reconstruct them, and strategic substantiation.
8. Manage the IRS Audit
The opening conference, Information Document Requests, bank-deposit and indirect methods, communication discipline, third-party contacts and summonses, the statute-of-limitations extension question, and what to do when the audit changes direction or the IRS makes a mistake.
9. Close the IRS Audit
Agreed close vs. 30-day letter vs. statutory notice of deficiency, closing agreements, negotiating penalties (reasonable cause, substantial authority, first-time abatement), Fast Track Settlement, the Taxpayer Advocate Service, and audit reconsideration.
10. Appeal the Audit Result
What the IRS Office of Appeals actually is, how to draft the written protest, what happens at an Appeals conference, how Loper Bright changed the hazards-of-litigation calculus, settlement vehicles, refund claims and the variance doctrine, and what Appeals cannot do.
11. Litigate the Audit Results
The three forums (Tax Court, District Court, Court of Federal Claims) compared side by side, how a case begins, discovery and pretrial practice, burden of proof, qualified offers, AI restrictions in discovery, challenging IRS regulations post-Loper Bright, and how to choose the right forum.
12. Resolving Your Tax Bill
After assessment: installment agreements, offers in compromise, Currently Not Collectible status, innocent spouse relief, bankruptcy, Collection Due Process, liens and levies, Trust Fund Recovery Penalties, transferee liability, and passport certification.
13. Special Audit Situations
Employment tax audits and worker classification, civil and criminal fraud, FBAR and foreign-account reporting, BBA partnership audits, R&D credit audits, conservation easements, ERC examinations, hobby-loss audits, real-estate-professional audits, cash-intensive businesses, and cannabis/280E audits.
Appendix: Common IRS Notices
Detailed descriptions of the notices you’re most likely to see — Letter 2205, Letter 3572 (IDR), Letter 3219 (90-day letter), CP2000, Letter 525, CP14, CP501–504, LT11/Letter 1058, CP90/Letter 3172 — plus IRS online tools, Low Income Taxpayer Clinics, the Taxpayer Advocate Service, and a full glossary.
Ready to take control of your audit?
204 pages of practical, step-by-step audit defense from a former IRS attorney and appeals officer.
Featured Coverage
The Second Edition Covers What the IRS Is Examining Right Now
Most audit books haven’t been updated for the issues taxpayers are actually being examined on today. This one has.
After the Supreme Court Ruling
Challenging IRS Regulations After Loper Bright
The 2024 Supreme Court decision in Loper Bright ended automatic deference to IRS regulations. The book walks through exactly how to use it — at Appeals, in the Tax Court, and in the District Court — to push back on regulations that previously seemed bulletproof.
Covered in Chapters 8, 10, and 11
Aggressive IRS Enforcement Priority
ERC (Employee Retention Credit) Audits
The IRS has paused, clawed back, and is now actively examining hundreds of thousands of ERC claims. The book covers what an ERC audit actually looks like, the supplier-disruption and gross-receipts tests examiners apply, and how to defend a legitimate claim.
Covered in Chapter 13: Special Audit Situations
High-Risk Examination Area
Conservation Easement & Syndicated Audits
Conservation-easement deductions are one of the IRS’s top campaign targets. The book explains the valuation standards examiners use, the listed-transaction reporting traps, and the substantiation pitfalls that turn a defensible deduction into a fraud penalty.
Covered in Chapter 13: Special Audit Situations
What Readers Are Saying
From a verified Amazon reader
★★★★★
“Very helpful & informative”
Concisely written. I recommend this book for paralegals, law students, and licensed tax preparers as well as taxpayers. The author’s website also has some great information.
Parrotfish
Verified Amazon Reviewer · Kindle Edition · November 14, 2025
About the Author

Kreig D. Mitchell, LLM, JD, is an attorney in Texas. He graduated from Texas Tech University School of Law and the University of Houston Law Center.
Mr. Mitchell has worked with tax issues for nearly two decades. This includes work as a private attorney, an accountant, and an IRS attorney, and an IRS appeals officer.
Mr. Mitchell has defended hundreds of audits. This includes individual income tax audits to multimillion-dollar business income tax and estate tax audits.
Frequently Asked Questions
Everything you need to know before ordering.
Will this book apply to my specific audit?
Yes. The book covers all three IRS audit types — correspondence audits (the IRS mails you a letter), office audits (you go to an IRS office), and field audits (an agent visits your home or business) — plus the most commonly examined issues for both individuals and small businesses. Whether you’re facing a question about a single deduction or a full income reconstruction, the playbook applies.
I’m not in Texas — does the book still help?
Absolutely. IRS audits are governed by federal law and IRS procedure, which are the same in every state. The author is licensed in Texas, but every technique, form, and strategy in the book applies anywhere in the United States.
Is the book current with today’s IRS rules?
Yes. This is the Second Edition, updated to reflect post‑Loper Bright challenges to IRS regulations, BBA partnership audits, ERC examinations, conservation‑easement audits, and recent changes to Collection Due Process and passport certification. The core audit procedures and taxpayer rights have been stable for decades; the book covers those fundamentals and the current hot‑button areas the IRS is actively examining.
Is this for individuals, small businesses, or both?
Both. The book is written for any taxpayer facing an IRS audit — W-2 employees, self-employed contractors, Schedule C sole proprietors, and small-business owners. The deduction-substantiation chapters in particular have heavy coverage of small-business and self-employment issues.
Is there a digital or Kindle version?
Currently the book ships as a paperback only. A digital edition may be added in the future — if you’d like to be notified when it’s available, mention it in the order notes.
How long does shipping take?
Orders ship within 2 business days of purchase and typically arrive within 3–7 business days in the continental U.S. via standard mail. Tracking information is emailed once your order ships.
What if the book isn’t what I expected?
Every order is backed by a 30-day money-back guarantee. If the book doesn’t help you, return it within 30 days for a full refund — no questions asked.
Get the Book Today
Confidence and clarity for your IRS audit.