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I.R.S. Tax Lien & Collection Solutions

     Newsletter For Businesses And Individuals

First


The offer must be at least equal to your or your business's total assets less liabilities that have priority to the IRS (ie. a car loan, a mortgage, or capital equipment financing). Individuals, partnerships, corporations, or any taxable entity may file an offer in compromise for virtually any type of tax. More than one year's tax liability may be handled in this manner.

3. TEMPORARILY UNCOLLECTABLE STATUS.
Here you or your business demonstrate (by financial statements and possibly additional evidence) that the
  IRS cannot currently collect any amount due to some temporary hardship. This status can last from a few months to as long as five years.

While taxpayers may represent themselves before the IRS, it is my informed advice to do so would be a huge mistake. If your tax liability is over $10,000 you need to have competent representation.

ARE YOU ENTITLED
TO NEW INNOCENT
SPOUSE RELIEF?

Innocent spouses finally have something to celebrate - Congress has provided significant protection from the tax misdeeds of their spouses where the couple signed a joint income tax return.
If the IRS refuses to grant innocent spouse relief, you can now take the IRS to Tax Court!

There are three ways to get the NEW innocent spouse relief.

1. Innocent Spouse Did Not Know His/Her Spouse Understated Tax.

Relief will be granted if the spouse shows that, in signing the return, he or she did not know, and had no reason to know, of an understatement of tax.

This type of innocent spouse relief must be made within two years after the IRS begins collection activities (ie. wage or bank levy) against the innocent spouse.

2. Innocent Spouse Elects Separate Liability.

The innocent spouse may elect to have his or her tax liability recalculated as though a married filing separate return was filed. In addition, the electing spouse must (1) be either legally separated or divorced at the election time, or (2) not have lived with his or her spouse in the same household during

  the 12 months prior to the election.

This election must be made within two years after the date the IRS begins collection activities against the innocent spouse (ie. wage levy, bank levy) or two years after July 22, 1998, whichever is later.

3. Where It Is Not Fair To Hold The Innocent Spouse Liable.

That's right - where it is not fair! If an innocent spouse does not qualify for the other two types of innocent spouse relief, the IRS now has the power to grant innocent spouse relief if it would not be fair to hold the innocent spouse liable. It may even be possible here to relieve PAYROLL TAX liability under the Trust Fund Penalty in community property states (ie. California).

This type of innocent spouse relief must be made within two years after the IRS begins collection activities (ie. wage or bank levy) against the innocent spouse.

This type of innocent spouse relief also applies to UNPAID tax liabilities from a joint income tax return. For example, assume (1) today you still owe 1995 income tax of $50,000 from signing a joint income tax return, (2) the IRS levied your wages on December 1, 1996, and (3) all $50,000 is from your ex-spouse's income he or she said would be paid sometime in early 1996 but never was. You have until November 30, 1998 to apply for this type of innocent spouse relief - and you would likely get it!
 

YOUR RIGHTS AS A TAXPAYER

1. To be represented and not be directly contacted by the IRS;
2. To appeal a Notice of Federal Tax Lien before or after it is filed;
3. To appeal a seizure of property before or after seizure;
4. To obtain relief from certain penalties;
5. To challenge the legality of the tax assessment giving rise to enforced tax collections in some cases;
6. To obtain help from the IRS's Problem Resolution Office when enforced tax collections causes a significant hardship;
7. To pay only the tax, interest, and penalty due; and
8. To have enforced collection action stopped while an enforced collection action appeal is pending in most circumstances.


This newsletter does not represent legal advice - it is a general information tool.
This newsletter is authored by
David C. Dodge, JD, CPA, MBA, EA. He is a a practicing civil and criminal tax litigation lawyer. His practice includes tax collection representation. His firm name is David C. Dodge, Inc., and his main office is located at 19200 Von Karman Avenue, Suite 400, Irvine, CA 92646.

Telephone: (714) 378-4355
Facsimile: (714) 963-1115
Email:
ATaxLawyer@aol.com