Regular Post
Written by Scott Allen

My Offer in compromise was rejected, can I appeal? From Tax Debt Advisors, Inc.

IRS Offer in Compromise Rejected

Sadly, most of the offers that are filed by the large “offer in compromise mills” were never legitimate Offers.  I don’t need to mention any names but if you see them on TV or on the Radio and the person doing the work is in another state or only one state for the whole nation, you should be leery—get a second opinion.  Even better call me for your second opinion, FIRST!

Let’s assume you have a valid offer that was filed by someone other than me.  Why are you calling me?  If you can’t get the company to return your phone calls, or suggest that they file and appeal, it is probably not a valid Offer and the company that filed your Offer knows that.  I suggest you file a complaint to the attorney general in the state and get someone else to review your Offer.

Many Offers that were valid when submitted are no longer valid when the time for determination of validity is completed several months later.  If that is the case, you are out of luck and you should not file an appeal.  However, assuming your Offer is still valid, an appeal should be promptly filed within 30 days of the official rejection letter on IRS Form 13711.

If you Offer was rejected because of a neglect on the part of your representative during the Offer process, it is unlikely the Appeals process will work and a new Offer will have to be submitted.

I don’t want to sound negative but less the truth is less than 5% of the rejected Offers I have reviewed were ever valid—NOT EVEN ON THE DATE THEY WERE SUBMITTED!  If this is the case, I will review four other settlement options and together we will decide which one is best for you—THAT WILL WORK!

Scott Allen, E.A. – Tax Debt Advisors, Inc for filing successful IRS Offer in Compromise in the Phoenix Arizona area

www.TaxDebtAdvisors.com

 

IRS Problems, Offer In Compromise, Tax Debt, Tax Levy
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Regular Post
Written by Scott Allen

Can I appeal my IRS Audit? IRS help from Tax Debt Advisors, Inc.

IRS Audit in Arizona

Yes, but first you should speak to the manager of the person who did the audit.  Many times an appeal can be avoided by speaking with the manager.  In most cases you will want to have a professional speak to the manager on your behalf.  Many times it is just explaining the facts in terms that the IRS will accept.  Before I can represent you an IRS form 2848 will need to be filed with the auditor.  If the manager is unwilling to agree with me, I will file an IRS audit appeal.  Audit appeals are more willing to make compromises as a matter of expedience to keep their workload from backing up and because they have greater latitude to make concessions.  A professional representative who has worked with the Appeals Office has a greater chance of success simply because of their relationship and credibility from past appeals.

 

 Scott Allen, E.A. – Tax Debt Advisors, Inc helping with IRS audits in Arizona

www.TaxDebtAdvisors.com

 

BACK TAX RETURNS, IRS Appeals, IRS Problems, Unfiled Tax Returns
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Regular Post
Written by Scott Allen

I am separated from my spouse. Who is entitled to claim our children as dependents? From Tax Debt Advisors, Inc.

Claim our Children as Dependents

The general rule according to IRS Publication 17 is that the parent with the custody for the majority of the year is eligible to claim the children as dependents.  A divorce decree, decree of separate maintenance, or custody decree should specify who is entitled to claim the children as dependents.

Child support payments do not entitle the spouse making the payments to claim the children as dependents.  A noncustodial parent may claim the children if the custodial parent signs IRS form 8332 and agrees to not claim dependency exemptions for the children.

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.TaxDebtAdvisors.com

 

IRS Problems, Tax Preparation
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Regular Post
Written by Scott Allen

Can other government agencies take my refund? From Tax Debt Advisors, Inc.

Someone took my IRS Refund

The IRS will send your refund to other government agencies.  This includes debts owed on back child support.  If there is an error on your child support debt, you should contact the agency directly.  Calling the IRS about the error will not stop your refund or future refunds from going towards the debt owed.

If you do not want your refund to go towards past child support payments—adjust your withholdings so that you only have enough withheld to cover your tax liability.  This will give you time to work out any disagreement you have over amounts due without losing future refunds.

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.TaxDebtAdvisors.com

 

Income Tax Preparation, IRS Problems, Tax Preparation
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Regular Post
Written by Scott Allen

Can I appeal what the IRS says I owe? From Tax Debt Advisors, Inc.

Appeal what the IRS says I owe

Yes, but there are procedures that need to be followed exactly and timely to get appropriate relief.  There are two kinds of appeals.

The first is a Collection Due Process (CDP) appeal which is filed on IRS Form 12153.  This appeal is used when you have received an IRS Notice of Federal Tax Lien, a Final Notice of Intent of Levy or a Levy on your state refund.

The second is a Collection Appeals Program (CAP) which is filed on IRS Form 9423.  This is appeal is used when the IRS rejects your proposed installment agreement, termination of your installment agreement, when the IRS levies or seizes your property and when the IRS files a Notice of Federal Tax Lien.

Call me today if you are facing any of these threatening IRS actions to schedule a free consultation on how I can help you appeal your case.

 Scott Allen, E.A. – Tax Debt Advisors, Inc

Phone:  480-926-9300

www.TaxDebtAdvisors.com

 

Income Tax Preparation, IRS Appeals, IRS Problems, Tax Preparation
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Regular Post
Written by Scott Allen

My signature was forged: IRS help from Tax Debt Advisors, Inc.

forged signature on tax return

Forged Signature on a joint return

When a spouse proves that their signature was forged, the joint election will be invalidated.  However, if there was Tacit Consent, the return will be considered filed correctly even if the signature was forged.  Tacit consent is when you authorize your spouse to sign your name on the return even if you didn’t directly tell them to sign it. Tacit consent means you agreed to the filing of your joint tax return even if you didn’t verbally authorize the signature. Factors that support you consented to the filing include:

  • You have your W-2’s or 1099’s to your spouse
  • You did not protest the filing of taxes
  • Have filed joint returns in the past
  • Did not file a married filing separate tax return and had a filing requirement

How do I report to the IRS that my spouse forged my signature on the refund check?

You can request the IRS to start an investigation by filing IRS Form 3911 to determine if your refund check was cashed.  Be sure to include a statement why you believe your signature was forged on the check.

 Can I file a return as Married Filing Separate even though a fraudulent joint return was filed by my spouse?

When you file a return married filing separate, the IRS will notify you that a joint return was already filed.  Now you have the IRS attention and your written correspondence has a greater chance of getting someone to correct the problem.  If the IRS determines that your spouse forged you signature, the IRS will accept your married filing separate return.  Your spouse will be assessed negligence and fraudulent penalties for filing a false return.

Can I call the IRS and report that my signature was forged?

Yes, but it is unlikely that the person will follow through on any action that will resolve the problem.

Typically these types of cases are not handled under IRS innocent spouse rules. The goal here is to hopefully get the IRS to adjust your filing status from filing joint to filing separate, and remove yourself from the current tax return you did not consent to. Whenever you talk to someone from the IRS they are required to give you their name and their IRS badge number.  Record the date that you communicated your complaint.  If nothing happens at least you can request help from the Taxpayer Advocate Office because you made a reasonable attempt to correct the problem with the IRS but was not able to do so.

Forged signatures on IRS returns, refund checks, installment arrangements, offers in compromise and all other IRS documents

A forged signature constitutes fraud and can have serious consequences to both the person who commits the fraud and the one who the fraud is committed against.  The facts and circumstances require professional assistance in most cases to be successfully resolved in your favor.  I offer a free consultation to discuss your particular situation and can take your case to the IRS.

 

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.taxdebtadvisors.com

 

IRS Problems
4
Regular Post
Written by Scott Allen

Form 8546: Claim for Reimbursement of Bank Charges Incurred Due to Erroneous Services Levy or Misplaced Payment Check

IRS Form 8546

Yes, the IRS is known for making mistakes from time to time.  When the IRS, by known mistake, levies one of your accounts and you have proof or substantial documentation Form 8546 can be filed to get reimbursed for the expense.

Is it worth filing Form 8546?  Yes, depending on the circumstances and the amount that you are asking the IRS to refund.  However, usually charges are relatively small amounts and is only going to be worth it if that taxpayer prepares and files Form 8546 on his or her own as the fee a professional might have to charge would nearly equal the amount you are trying to get refunded.

What expenses will the IRS refund?  The IRS will refund bank charges that include a financial institution’s customary charge for complying with the levy instructions and charges for overdrafts that are a direct consequence of an erroneous levy.  In addition, there are times when a taxpayer’s check may be lost or misplaced in processing.  When the IRS asks for a replacement check, the taxpayer maybe reimbursed for bank charges incurred in stopping payment on the original check.  The charges must have been paid by the taxpayer and must not have been waived or reimbursed by the financial institution. All claims must be filed within one year after the expense.

Form 8546 is a one page form with a one page instruction.  Please read the entire form before submitting and be sure your claim meets all the requirements.  Include copies of required documents.

IRS Help from Tax Debt Advisors, Inc – Scott Allen, E.A.

3155 E Southern Ave  Ste 101  Mesa, AZ  85204  www.getirsoffmyback.com

 

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Regular Post
Written by Scott Allen

Mesa Tax Preparation: Capital Gains Tax & Losses explained simply

Mesa Tax Preparation

At times capital gains & losses can be very tricky on how to correctly report on your Mesa Tax Preparation.  Below I have explained it as simply as I can.  If you find it confusing or are still unsure its important to seek advise from  a professional.  I don’t charge for an initial consultation to discuss your particular case.

If you realize a profit when you sell an asset, such as a stock, you have a capital gain. In other words, if you sell an asset for more than you bought it for, you made a profit and will need to pay capital gains tax. The IRS differentiates between long-term capital gains (on assets held for over one year before selling) and short-term capital gains (sold within one year or less). The tax rate for long-term capital gains is lower than short-term. You may be required to make estimated payments if you have a large amount of capital gains.

If you have capital losses (the sale price is lower than what you paid originally), you can claim no more than $3,000 per year (married filing jointly). You may be able to carry the loss forward to later years if your total loss is over $3,000.

For a more detailed explanation of capital gains & losses for your Mesa Tax Preparation click on the following link (IRS Topic 409)

Tax Debt Advisors, Inc – Scott Allen, E.A.   www.TaxDebtAdvisors.com

 

Income Tax Preparation, IRS Tax Attorney, Tax Preparation
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Regular Post
Written by Scott Allen

Local IRS offices in California: IRS help from Tax Debt Advisors, Inc

Are you in need of locating the most convenient IRS office?  Below is a list of all IRS office addresses and phone numbers in California. For other local IRS office locations click here.

Bakersfield IRS Office:  4825 Coffee Rd #200  Bakersfield, CA  93308  Phone:  844-545-5640

Camarillo IRS Office:  751 Daily Dr  Camarillo, CA  93010  Phone:  844-545-5640

Carpinteria IRS Office:  1145 Eugenia Pl #201 Carpinteria, CA 93013  Phone:  844-545-5640

El Centro IRS Office:  2345 S Second St  El Centro, CA  92243  Phone:  844-545-5640

El Monte IRS Office:  9350 East Flair Dr  El Monte, CA  91731  Phone:  844-545-5640

Fresno IRS Office:  2525 Capitol St  Fresno, CA  93721  Phone:  844-545-5640

Laguna Niguel IRS Office:  24000 Avila Rd  Laguna Niguel, CA  90802  Phone:  844-545-5640

Long Beach IRS Office:  501 W Ocean Blvd  Long Beach, CA  90802  Phone:  844-545-5640

Los Angeles IRS Office:  300 N Los Angeles St #1259  Los Angeles, CA  90012  Phone:  844-545-5640

Modesto IRS Office:  1700 Standiford Ave Modesto, CA 95350  Phone:  844-545-5640

Oakland IRS Office:  1301 Clay St  Oakland, CA  94612  Phone:  844-545-5640

Palm Springs IRS Office:  556 S Paseo Dorotea  Palm Springs, CA  92264  Phone:  844-545-5640

Redding IRS Office:  850 Industrial St  Redding, CA  96002  Phone:  844-545-5640

Sacramento IRS Office:  4330 Watt Ave  Sacramento, CA  95821  Phone:  844-545-5640

Salinas IRS Office:  928 East Blanco Rd #121  Salinas, CA  93901  Phone:  844-545-5640

San Bernardino IRS Office:  290 North D St  San Bernardino, CA  92401  Phone:  844-545-5640

San Diego IRS Office:  880 Front St  San Diego, CA  92101  Phone:  844-545-5640

San Francisco IRS Office:  450 Golden Gate Ave  San Francisco, CA  94102  Phone:  844-545-5640

San Jose IRS Office:  55 S Market St #100  San Jose, CA  95113  Phone:  844-545-5640

San Marcos IRS Office:  1 Civic Center Dr  San Marcos, CA  92069  Phone:  844-545-5640

Santa Ana IRS Office:  801 Civic Center Dr W  Santa Ana, CA  92701  Phone:  844-545-5640

Santa Barbara IRS Office:  1332 Anacapa St  Santa Barbara, CA  93101  Phone:  844-545-5640

Santa Maria IRS Office:  2384 Professional Parkway  Santa Maria, CA  93455  Phone:  844-545-5640

Santa Rosa IRS Office:  777 Sonoma Ave  Santa Rosa, CA  95404  Phone:  844-545-5640

Stockton IRS Office:  4643 Quail Lakes Dr  Stockton, CA  95207  Phone:  844-545-5640

Van Nuys IRS Office:  6230 Van Nuys Blvd  Van Nuys, CA  91401  Phone:  844-545-5640

Visalia IRS Office:  5300 W Tulare St  Visalia, CA  93277  Phone:  844-545-5640

Walmut Creek IRS Office:  185 Lennon Ln  Walnut Creek, CA  94598  Phone:  844-545-5640

Tax Debt Advisors, Inc – Scott Allen, E.A.

3155 E Southern Ave  Ste 101  Mesa, AZ  85204  Phone:  480-926-9300 

 

IRS help by state, IRS Tax Payment Plan, Local IRS Office Locations, Tax Preparation
5
Regular Post
Written by Scott Allen

Tax Preparation: Form 8839 – Qualified Adoption Expenses

Information to consider when claiming the Adoption Credit:

If you are considering adopting a child, you may qualify for the adoption tax credit, which is up to $14,890 per child.

In order to qualify, you must have adopted a child and paid out-of-pocket expenses relating to the adoption.  The amount of the tax credit is depended on the amount you spent on adoption-related expenses.  If you adopt a special needs child you are entitled to claim the full amount of the adoption credit even if you didn’t spend the full $14,890.

The adoption credit was scheduled to expire until health care legislation passed and extended it through tax year 2022.

For higher income earners, the phase out for the credit starts at $216,000.  To be eligible for the credit you must adopt a child 17 or younger.  Or a child of any age who is a US citizen or resident alien and who is physically or mentally unable to care for himself or herself.

Many argue the issues with the tax credit, is that you had to spend that money out of pocket before you can claim the credit.  If the credit is based off expenses you have already spent it is difficult for lower-income families to adopt.

Qualified adoption expenses include: adoption fees, attorney fees, court costs, travel expenses and re-adoption expenses related to the adoption of a foreign child.

Qualified adoption expenses that do not qualify include:

  • those for which you received funds under any state, local, or federal program
  • that violate state or federal law
  • for carrying out a surrogate parenting arrangement
  • for the adoption of your spouse’s child
  • paid or reimbursed by your employer or any other person or organization
  • or allowed as a credit or deduction under any other provision of federal income tax law.

For more information please contact Scott Allen, E.A. with Tax Debt Advisors, Inc  www.ScottAllenEA.com

 

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