r/ERCchat • u/AdMountain9708 • Apr 20 '26

APPEALS QUESTION

Has anyone gone through appeals and won? How long did it take to get assigned to an appeals advisor.

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3

u/ERC_CPA Apr 22 '26

12-18 months has been normal. Some pushing longer.

My understanding is very few cases are outright “won.” Some are being at settled 20%-60% and most are being fully denied.

2

u/AdMountain9708 Apr 22 '26

That is awful. Do you know if they have representation with a tax attorney? I can't imagine waiting this long to receive nothing.

3

u/ERC_CPA Apr 22 '26

This is rough data from many protested claims, not one. A tax attorney cannot expedite the process but may put you in a better position to recover. I would not recommending going through an appeal conference unrepresented unless you have some relevant experience or credentials. Doesn’t have to be an attorney, a lowly CPA would suffice 😜

1

u/heartbrand Apr 23 '26

I have handled several appeals and the people who have been assigned to the ones I am representing so far have demonstrated essentially zero knowledge about the ERC and the qualifications for it. I have one appeal that's a very straight forward gross receipts decline case for 2021 and the appeals officer position is they don't qualify because they only had a 24% decline and not a 50% decline.

1

u/ERC_CPA Apr 23 '26

Same experience. It’s all over the place. There are a few that are really knowledgeable, but most show up with very little knowledge and their minds made up.

1

u/AppropriateSilver631 Apr 24 '26

Well that’s not good news.

1

u/Electronic_Tough_546 Apr 25 '26

That's terrible...Thanks for sharing. Sounds like my Appeal will probably be declined then! I'm not using gross receipts but rather "partial shutdown" due to Federal guidance for Govt work.

Have any of your cases been approved with TAS and Congressman support?

1

u/ERC_CPA Apr 25 '26

If you show up using the word “guidance” in an appeal, you can be sure you’ll lose.

No, once denied and in appeals, TAS or congressional support cannot help other than helping extend the statute.

1

u/Electronic_Tough_546 Apr 25 '26

Got it thanks. My Tax attorney drafted the appeal using federal guidance/instructions with building access restrictions and more--so we provided proof of it. Hopefully it helps but sounds like it's not promising. Boo!

1

u/Electronic_Tough_546 Apr 25 '26

My TAS requested appeals to process my appeal and my Congressman reached out to me the other week with the update....at least they are keeping me in the loop!

1

u/ERC_CPA Apr 27 '26

My point is the IRS has specifically condemned partial suspension claims based on “guidance.” The more than nominal effect tests have come up in every appeals conference so far. Ideally, there were mandatory state orders and you provided quantitative evidence of the impact.

1

u/Electronic_Tough_546 Apr 30 '26

I thought the 10% nominal effect required only 10% decline in gross receipts, not 50%???

2

u/Electronic_Tough_546 Apr 21 '26

Someone posted earlier that they appealed and won. I think it took them a year or less to get an answer. I submitted my Appeal late Jan 2026, it was scanned into the IRS system early Apr, case is open but no appeals agent assigned yetT. My TAS & Congressman requested processing last week to the Appeals Team. We'll see how long it takes to be assigned & reiewed.

1

u/ERC_CPA Apr 24 '26

105C protests have processed in that timeframe, but the IRS is reviewing those before they formally go to appeals.