IRS Question - How to deal with this?

Q.IRS Question - How to deal with this? If the IRS has contested an item /issue in an audit in the past and has yielded to it, can it bring up the same item again in the next audit? Can one use the fact that the IRS has yielded to an issue as DEFINITIVE guidance to future audits? and put that issue to bed? How does one deal with the IRS if they bring it up again? Any input or pointers would be very helpful.

A.At the annual tax seminar I attended last December, one of the IRS people stated that if they've questioned an item in an audit and the taxpayer's position was deemed to be correct, they cannot question _that item_ again for three years. They can question other areas, though. The gentleman said that if you get a second notice, to send them a letter stating the prior audit and results, and include a copy of the audit determination. Supposedly, that will take care of it. Others in this forum may have different information or different direct experience.

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