The IRS proposes tax and penalties for a return you didn't file. You have 30 days to respond or request an Appeals conference.
Numbers covered by this guide
Letter 3391
Ltr 3391
Check the identifier and follow the instructions on your own notice.
Editorially reviewed by the Law Offices of Darrin T. Mish, P.A.•Updated October 1, 2026
General information only, not legal advice. Using this page does not create an attorney-client relationship. This information may be incomplete or out of date and is provided without any guarantee; follow the instructions and deadline on your own notice. Full terms and disclaimer
Notice
Letter 3391 / Ltr 3391
Urgency
Urgent
Deadline
Respond within 30 days
Your first move
Review the proposed report and, within 30 days, file the missing return, agree, or request Appeals consideration.
Deadline calculator
Estimate your Letter 3391 deadline
Estimate only. If your notice shows a specific respond-by date, that date controls. Some deadlines run from the mailing date, and a statewide holiday where the IRS office is located can also extend a deadline. Mail early, keep proof of mailing, and if a deadline matters, have a professional confirm it. Terms and disclaimer
See it explained
Letter 3391 in plain English
Letter 3391: what it means, in 30 secondsA 30-second overview from tax attorney Darrin T. Mish: what this notice is, the deadline, and your first move.
What This Letter Means
Letter 3391 is the 30-day letter the IRS uses in nonfiler cases. The IRS believes you are liable for filing tax returns for the periods identified in the letter. The examiner prepared a report proposing the tax, adjustments, and penalties, and that report comes with this letter.
Your 30 Days
Letter 3391 gives you 30 days to request Appeals consideration of your case. The 30 days run from the date of the letter. If you don't request an Appeals hearing in response to the letter, the next step is a notice of deficiency, the 90-day letter.
What to Do
If a return is missing, send your past due return to the location indicated on the letter.
If you agree with the proposed changes, sign and return the agreement form.
If you disagree, submit a request for appeal or a protest to the office that sent you the letter within 30 days from the date of the letter.
The letter includes Publication 3498, The Examination Process. The letter or the publications it refers to explain how to file a protest.
Why This Window Matters
You can request a hearing with the Office of Appeals to review the proposed deficiency. A notice of deficiency carries its own deadline: to dispute the adjustments without payment, you have 90 days from the notice date to file a petition with the United States Tax Court.
If you need more time, ask in writing and state why you need it. The rules do not generally provide for more time to reply to a 30-day letter, but extensions may be granted under reasonable circumstances.
Keep a copy of the notice and of everything you send to the IRS. You can authorize a representative with Form 2848.
This letter has a clock on it. Don’t run it out alone.
Free consultation with Darrin T. Mish, a Tampa tax attorney licensed since 1993 and admitted to the U.S. Tax Court. Bring the letter.