Common Issues with IRS Collection Actions

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If you have IRS collection actions issues call tax attorney David Klasing at 800-681-1295. http://klasing-associates.com/
Taxpayers with unpaid tax liabilities will in time, face collection activity by both the state and federal taxing authorities.
Tax obligations must be paid or the taxpayer will eventually face serious tax and financial consequences:
Liens,
Levies
Garnishments
Penalties and Interest vicious cycle
Damage to credit rating
Taxpayers who fail to take timely action after receiving a final intent to levy notice face the potential loss of their rights to appeal the underlying tax liability and the method by which the IRS collects it.
Before a taxing authority can take any action against a taxpayer for unpaid tax debts, the agency must provide the taxpayer with notice of the action.
That notice will contain a statement of your collection due process rights which includes the right to request a court hearing within 30 days of their providing notice of their final intent to levy. Last Known Address Legally Sufficient for this purpose
If your tax collection issue is with the federal government you will likely receive a notice that is titled along the lines of:
Notice of Intent to Levy Filing of Notice of Federal Lien with County Recorder
Final Notice – Notice of Intent to Levy and Notice of Your Right To a Hearing
COLLECTION DUE PROCESS HEARING
Complete and file IRS Form 12153 Request for a Collection Due Process CDP hearing within the 30 day period following the IRS’s final intent to levy notice.
Protects the specified tax periods on the final intent to levy notice from further collection action until collection appeal heard.
Secures right to file a petition in Tax Court if unsatisfied with internal IRS appeal.
Tolls the collection statute expiration date CSED. 10 year period from the date of assessment in which the IRS can collect on a tax liability.
The attorney must explain all reasons for his or her disagreement with the IRS’s collection action. propose collection alternatives
If no settlement – Appeals issues Notice of Determination – 30 days to file tax court petition
Failure to timely file the request for a due process hearing can result in:
The loss of one’s right to go to federal court to appeal.
The loss of our ability to temporarily tie the hands of bypass an overly aggressive revenue officer.
Loss of the ability to negotiate a more palatable collection alternative solution
50K complications
EQUIVALENCY HEARING:
If a CDP hearing request is filed after the 30 day period has ran, on the 31st day, or any time up to one year, the request for an appeal automatically becomes an Equivalency Hearing.
Case still forwarded to appeals and the taxpayer can request collection alternatives.
However, the taxpayer’s account is not protected from further collection action while they wait for their hearing.
Assuming there are no compliance issues, and the required financial documentation was provided to the IRS prior the hearing date, the hearing is ordinarily conducted rather quickly.
The IRS will verify the taxpayer’s compliance, verify whether there were any procedural issues, and whether the IRS will accept taxpayer’s proposal on a resolution. If the parties agree to a resolution, the Settlement Officer will provide the necessary paperwork to the taxpayer.
If the taxpayer cannot resolve his account with IRS Appeals, the taxpayer does not have the right to appeal in Tax Court. His or her case will be transferred back to IRS Collections.
Equivalency hearing does not extend the 10 year collection statute within which the IRS can collect on the outstanding tax liability while the issue is under consideration.
A Collection Appeal Program CAP provides taxpayers the opportunity to appeal many of the IRS’ proposed and/or actual collection actions.
The taxpayer can request a CAP by filing a Form 9423 with IRS Collections.
The collection actions that are subject to Appeal via a CAP are listed below.
Note that a CAP can transfer a case out of collections to Appeals within weeks instead of months and it covers a wider range of collection actions.
A Notice of Federal Tax Lien NFTL that has been or will be filed.
A levy against your back accounts or other property that has been or will be taken.
A levy on your wages wage garnishment that is currently in place or will be issued.
A seizure of property will be taken or in the process, but before the property is sold.
Requests to issue lien certificates, such as subordination, withdrawal, discharge or non-attachment has been denied.
Proposed or actual rejection, modification or termination of an installment agreement.
Wrongful levy
CONTINUED IN COMMENTS

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