What Raises Red Flags With the IRS (and How to Avoid Them)

The Victory Tax Brief | Issue #13

No one wants to hear from the IRS, especially when it’s about an audit. But many taxpayers accidentally raise red flags that trigger reviews, penalties, or worse. Whether it’s unreported income, exaggerated deductions, or inconsistent filings, small mistakes can lead to major scrutiny.

At Victory Tax Lawyers, we help clients resolve audits, defend against IRS investigations, and correct returns before problems escalate.

If you’ve received a notice or think your return may have been flagged, call (800) 883-8301 for a free consultation.

Top IRS Red Flags That Trigger Audits

These are the most common issues that draw IRS attention:

  • Large or unexplained deductions: Deductions that don’t match your income level or industry norms are often audited. Always keep clear, organized records.

  • Excessive business expenses: Claiming personal costs as business expenses or reporting unusually high travel or entertainment deductions invites IRS review.

  • Frequent amendments: Correcting returns occasionally is fine — but frequent or large amendments can suggest errors or manipulation.

  • Cash-heavy businesses: Restaurants, salons, and retail stores that handle a lot of cash are routinely monitored for underreported income.

  • Round numbers or math errors: Too many even numbers (like $5,000 or $10,000) or calculation mistakes can signal poor documentation.

  • High income, low reported tax: Discrepancies between earnings and tax paid often trigger DIF (Discriminant Information Function) system alerts.

  • Incorrect dependents or credits: Mistakes on Child Tax Credit or Earned Income Credit claims are among the IRS’s top enforcement targets.

  • Unreported foreign income or accounts: The IRS monitors compliance with FATCA and FBAR laws — missing this can mean heavy fines.

  • Year-after-year losses: Repeated business losses may cause the IRS to question whether your activity is truly for profit.

  • Misclassifying employees as contractors: Paying workers on 1099s when they should be W-2 employees leads to serious penalties.

  • Late or missing returns: Filing late or skipping a year increases audit likelihood and adds penalties.

  • Home office misuse: The space must be used exclusively and regularly for business — no exceptions.

  • Inflated charitable donations: Deductions must be proportional to income and properly documented with receipts and appraisals.

If any of these issues sound uncomfortably familiar, don’t panic. Even the most diligent taxpayers can find themselves under scrutiny. The IRS looks for patterns, not perfection, and an experienced tax defense attorney can often resolve matters before they escalate. It’s always worth getting professional eyes on your situation early.

💡 How the IRS Spots Suspicious Returns

The IRS uses advanced analytics to detect inconsistencies through:

  • DIF scoring: Automated systems compare your return against statistical norms for your income, occupation, and region.

  • Third-party reporting: Mismatches between W-2s, 1099s, and what you report trigger immediate follow-up.

Manual reviews: Agents investigate patterns like unverified losses or repeated filing errors.

⚠️ What Happens If You’re Flagged

A red flag doesn’t always mean fraud — but it does mean extra attention. You may face:

  • A Correspondence Audit (mail request for documents)

  • An Office Audit (in-person review at an IRS location)

  • A Field Audit (IRS agent visits your home or business)

Depending on findings, the IRS can impose tax adjustments, penalties, or interest. If fraud is suspected, penalties can reach 75% of underpaid taxes, and criminal referrals are possible in severe cases.

🧾 What to Do If You’re Audited

  1. Read the notice carefully — it specifies what’s under review.

  2. Gather your documentation — receipts, statements, and records for deductions or credits.

  3. Note all deadlines — missing one can escalate your case.

  4. Respond professionally — never ignore a letter.

  5. Call a tax attorney if your case involves large debts, unfiled returns, or potential legal exposure.

A calm, well-documented response — not panic — determines the outcome.

How to Avoid IRS Red Flags

  • Be accurate and honest: Report all income and verify numbers before filing.

  • Keep detailed records: Retain receipts, mileage logs, and donation letters for at least three years.

  • Separate business and personal expenses: Commingled finances are a common audit trap.

  • Work with a professional: A CPA or tax attorney ensures your filings comply with current IRS rules and standards.

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⚡ Facing an IRS Audit or Notice?

An audit notice isn’t the end; it’s a signal to act strategically. With the right representation, you can minimize penalties, resolve disputes, and move forward with confidence.

Victory Tax Lawyers: We negotiate with the IRS, file appeals, and build legal strategies to stop levies before they happen. Don’t risk your paycheck, bank account, or property.

Don’t leave it to chance. Call (800) 883-8301 or request your free consultation now. Let us make sure you keep what you deserve—and avoid what you don’t.