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Responding to an IRS Notice of Deficiency

A Notice of Deficiency is a 90-day letter (150 if you're outside the US). You either pay, petition Tax Court, or lose the appeal right.

Herman Viglione, EA
Written by
Herman Viglione, EA
Updated April 22, 2026
30-day response window

IRS notices have short response windows. Call the office today if your deadline is close.

Your three options

Pay the tax (closes the case, you can later file a claim for refund). File a Tax Court petition within 90 days (keeps the case alive, no payment required). Let it go (tax becomes final and collection starts).

Tax Court petition

Filing Form 2 (Petition) in U.S. Tax Court is the standard path for disputed amounts. It's the only court where you can litigate without paying the tax first. Cases under $50,000 qualify for small-case procedure, which is faster and less formal.

Have a specific situation?
Call the office and a human answers.

Common questions

Do I need a lawyer for Tax Court?
Enrolled Agents can represent in Tax Court after passing the Tax Court exam. Otherwise, many taxpayers represent themselves in small-case procedure.

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