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Wednesday, September 21, 2011
Get an Experienced Tax Attorney -- Report Finds Fault with IRS Appeals Process
HAVE AN EXPERIENCED
IRS TAX ATTORNEY
IRS APPEALS PROCESS
If you, or any taxpayer, have attempted to appeal a Federal tax lien or an IRS levy to the Internal Revenue Service's (IRS) Office of Appeals, you probably did not receive the right kind of hearing, or, your requests were mis-classified, according to a new report.
This new report, by the Treasury Inspector General for Tax Administration (TIGTA), found that the IRS Office of Appeals needs to greatly improve their processing of IRS Collection Due process cases. The Appeals Office at the IRS is supposed to operate independently of the other IRS offices (such as the Collection Division) with the mission of resolving tax disputes without litigation in a fair and impartial basis.
This program is supposed to let you, the taxpayer, appeal when the IRS files a Federal tax lien or a Notice of Intent to Levy for unpaid back taxes. Typically, you, the taxpayer, will be given thirty (30) calendar days to file an appeal with the IRS. If your (the taxpayer) request for CDP hearing is not received within the allotted time period, you, the taxpayer, may be given an equivalent hearing at the discretion of the IRS Appeals office. Taxpayers are not allowed to appeal for a reversal if you, the taxpayer, disagree with the results of those hearings.
THE JOKE IS ON THE
THE IRS HAS BEEN PLAYING
"FAST AND LOOSE"
In its report, the Treasury Inspector General of Tax Administration (TIGTA) discovered that taxpayers DID NOT ALWAYS RECEIVE THE APPROPRIATE TYPE OF HEARING. The IRS Appeals office did not always classify taxpayer requests in the proper way.
The TIGTA found cases had been misclassified. On some accounts, the TIDTA found errors withe the Collection Statute Expiration Dates (CSED) which could violate taxpayer Rights. The TIGTA found more errors than in previous audits. Specifically, fifteen (15) cases out of seventy (70) had incorrect CSED's. That is nearly 22% of all cases had the wrong Statute of Limitation date. That was a 50% increase from the prior audit.
DO NOT GO IT ALONE
If you decide to go it alone against the IRS regarding your IRS back tax debt, you are only asking for trouble. The TIGTA estimated that 7990 out of 37, 289 cases had been closed with the wrong CSED.
Almost 22% of all cases were handled by the IRS incorrectly.
WHAT ELSE DID
In addition, IRS Appeal hearing officers did not always document their case with all of the necessary information. That increased the risk that the IRS DID NOT meet all of the legal requirements, as well as the administrative requirements, needed for the proposed Federal tax lien or IRS levy.
THE IRS IS NOT
The IRS is the world's most powerful collection agency. The IRS has enormous powers to levy and lien, but, the IRS has rules to follow and you, the taxpayer has Rights. You do not know the tax code. You do not have experience with the Collection Division of the IRS. The job of the IRS to collect money as fast as they possibly can.
DON'T BE FOOLISH
"IRS Appeals must ensure that all it's casework is handled accurately and timely, since any lapse can affect a taxpayer's Right to petition the United States Tax Court and the time allowed for the IRS to collect any balances owed," said TIGTA Inspector General J. Russell George in a statement.
The management of the IRS Appeals office agreed with the TIGTA recommendations.
"We share your interest in enhancing tax administration while protecting taxpayer Rights and entitlement," wrote IRS Appeals chief Christopher Wagner.
GET AN EXPERIENCED
IRS TAX ATTORNEY
TO REPRESENT YOU
I am Dave Rosa, the V.P. of Client Relations at Flat Fee Tax Service, Inc. I will be conducting your initial consultation. It is my duty and responsibility to you, as well as Flat Fee Tax Service, Inc., to provide you with an honest and straightforward action plan that will resolve your IRS problem. Flat Fee Tax Service, Inc. will have your IRS wage levy stopped and released in 1 Day / 24 Hours. We will look at amending your tax returns or preparing your unfiled / delinquent tax returns which will restore your Rights and reduce your back tax debt. We will look at a Penalty Abatement which would eliminate penalties and interest that have been added to your back tax debt. If you are eligible and qualified to settle with the IRS, we will prepare and get your through the Offer in Compromise process. Should you be hurting so much that you cannot possibly pay the IRS anything, we will look to have you declared Currently not Collectible.
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