Regular Post
Written by Scott Allen

STOP IRS ACTION – “My spouse forged my signature on a tax return—What now?”

On occasion a client comes in who has been a victim of signature fraud.  This usually occurs when one spouse has all or a majority of the income and the other spouse has no income or very little.  The spouse with the income is the one signing for the one with little or no income.

The IRS has taken the position that if the spouse has given “tacit consent” then it doesn’t matter if their signature is not theirs.  For example, if previously filed joint returns were signed by just one spouse for both, then it is implied that consent was given and in this case, the IRS would not consider this fraud.  The determination of a jointly filed return is based on the intent of the parties, not the presence or absence of their signatures.

If there has been a history of separate filings and if one year is filed jointly with a forged signature, it is easier to show that there was no tacit consent and the IRS will usually side with the offended spouse.

There is one other hook to consider if you live in a community property state like Arizona.  Technically, both spouses are considered liable for one half of the combined income.  The Arizona Department of Revenue has taken this position in recent years and the IRS can also make this claim if it is to their advantage.  If this is the case then filing married filing separate would still include one half of both spouse’s income and filing jointly may still be the best way to file.

Before any decision is made it, is best to consult with an IRS representative experienced in these matters.  If the marriage is intact, then filing jointly is probably still the best way to file.  If there has been a divorce, filing separately can be a better option even if you have to claim one half of the offending spouse’s income.  At least you have limited your exposure to one half instead of all of the taxes due on a jointly filed return, if you spouse is unable to pay his or her share.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

 

IRS Problems
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Regular Post
Written by Scott Allen

STOP IRS ACTION – Can the IRS take my social security check?

The IRS took my Social Security check

Many retired people in recent years have called my office to ask if the IRS could levy their social security check?  The answer is yes; up to 15%.  Before this occurs the IRS will send you a CP 91 letter—Final Notice Before Levy on Social Security Benefits.  You have 30 days from the date of the notice to reach a settlement with the IRS or the levy will begin.

If we can show the IRS that the garnishment creates a hardship, your account will be considered not collectible as long as you file and full pay any taxes due in the future.   The IRS allows you a reasonable amount for rent, food, utilities medical care and automobile expenses.

Once a levy on social security has started, it can take a month or two to get it stopped.  If you receive a CP 91 letter in the mail, call my office immediately to see what can be done before the levy begins.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

 

IRS Levy, IRS Problems
3
Regular Post
Written by Scott Allen

STOPIRSACTION.COM – DISCHARGING TAXES IN A BANKRUPTCY

Discharging Taxes in a Bankruptcy

Discharging taxes in a Chapter 7 bankruptcy is one option available to settle your IRS debt.  But you have to have all of your ducks lined up ahead of time.  Here is a summary of your ducks.

1)      Make sure you have filed all of your past tax returns.  A return filed by the IRS called a substitute for return (SFR) is not considered a filed return.

2)      If all your returns have been filed, they must be filed for at least two years and it must be three years from the due date of the return before a tax year can be discharged.

3)      If you have been audited or the IRS has made some adjustment to your return or you have amended the return, it must be at least 240 after the adjustment before that tax year can be included in a bankruptcy.

4)      Income taxes are dischargeable but payroll taxes are not.

5)      You income must be below a certain amount which depends on your family situation and the year you are filing the bankruptcy.  If you have the ability to pay your taxes off by making monthly payments, the bankruptcy option is out.

6)      If you have significant equity in assets like a business, home or investment property, those assets will prevent you from filing a bankruptcy to discharge your taxes.

If you are considering filing a bankruptcy, I offer a free consultation to evaluate all of your settlement options.  I will refer you to a bankruptcy attorney who is the only one qualified to determine if you can file a bankruptcy.  I can determine what taxes will be dischargeable in the bankruptcy and get written proof from the IRS.

Scott Allen E. A. in Mesa AZ

Tax Debt Advisors, Inc Since 1977

www.stopirsaction.com

 

IRS Problems, Tax Advisor
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Regular Post
Written by Scott Allen

stopIRSaction.com – Can the IRS Show Up One Day and Take My Property?

stopIRSaction.com

The Fourth Amendment protects you against unreasonable search and seizure.  Before the IRS can invade your private space they must either have your permission or a writ of entry from a federal judge.

The IRS could seize your vehicle from your place of employment or your driveway, but not if your car was parked in your garage, without your permission or a writ of entry from a federal judge.

If you have a “reasonable expectation of privacy”, your consent or a court order is required before the IRS can enter and seize your personal property.   You are not required to let the IRS take your property if it is not in your best interest without your permission or a court order.

Even though I am frequently asked this question, I don’t know of a single instance this has occurred against a client.  The IRS is not interested in taking your possessions.  They want you to file and pay your taxes currently and if you have liquid assets available to pay towards your back taxes, a settlement can be reached that will allow you to make payments and still maintain a reasonably comfortable life style.

If you need help to stop IRS action near Mesa Arizona call and speak with Scott today. He offers a free consultation.

Scott Allen E.A.

Tax Debt Advisors, Inc.

www.stopIRSaction.com

 

IRS Levy, IRS Problems
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Regular Post
Written by Scott Allen

scottallenea.com – AUDIT RECONSIDERATION

Audit reconsideration Mesa Arizona

If the outcome of your audit was a negative surprise, you still have an opportunity to appeal the audit results with the audit reconsideration process.  Relatively few people actually appeal their audit out of fear that the appeals process might result in a higher amount owed.  Audit reconsideration Mesa Arizona can cut out a significant portion of the tax, interest and penalties originally assessed by the Auditor.  It amazes me how many times the client has the documentation to support their deductions and expenses but it is in such a disorganized fashion that the auditor simply denies giving credit for anything.  Clients come back and say, “I showed them support for every item but they denied everything.”  The form of the documentation is as important as the substance when it comes to audits.

The Freedom of Information Act (FOIA) allows you to review the auditor’s notes and that is vital to preparing the case you want to present to the Appeals office.   IRS Auditors have less latitude to compromise on issues that are not black and white.  Appeals Officers are given more discretion than auditors.  They want to settle the case as quickly and painlessly as possible.  They do not want the matter to go tax court.

Appeals Officers usually meet with the tax payer’s representative who are more knowledgeable about tax law than the client who usually met with the Auditor without any representation.  Audit reconsideration allows negotiation and compromise whereas the audit dealt in terms that were black and white.  Anything of a grey nature is considered black to an auditor.  If you are dissatisfied with the results of your audit, bring in the audit report and your documentation for a review and an opinion how what would be the benefit of Audit Reconsideration at the IRS Appeals Office.

Scott Allen E. A. of Mesa Arizona

Tax Debt Advisors, Inc. Since 1977

www.scottallenea.com

 

IRS Problems, IRS Tax Audits
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Regular Post
Written by Scott Allen

TAX DEBT ADVISORS

Since 1977: Tax Debt Advisors

What should you expect in your first meeting with an IRS Relief company?

First, you should not expect to pay for your initial consultation.

Second, make sure that the person you are talking to will be the one that will represent you before the IRS should you decide to retain their services.  If you are talking with a sales person who will send your information and money to a central office outside of the state, you are working with the wrong firm.

Third, telephone interviews with companies outside of your local may sound good but you will have a very hard time getting someone to call you back except to ask you for more money.

Fourth, see if they have testimonials that are real.  The only ones that cannot be disputed are letters from the IRS to clients and their Power of Attorney representative.  You can see in black and white what was accomplished for the client.  Most if not all testimonials on Web sites were written by the company (There are plenty of Tax Debt Advisors Reviews on this website for you to view)

Fifth, after explaining your problem, you should have a good idea of the steps that your representative will take to correct your problem.

Six, only pay the cost of the next step.  If you need investigative work, pay for just the Power of Attorney work.  If you need tax returns, pay for them one at a time as they are completed.  By this time, you will know if your representative knows what they are doing and has a track record of following through.

Finally, get all of the settlement options in front of you at one time and understand the pros and cons of each one.  There is something good about each option and something not so good.  However, one option is much better than all the others.  Once your settlement agreement has been decided on and agreed to by the IRS, know what you need to do to keep that settlement valid.

Scott Allen E. A.

Tax Debt Advisors  3155 E Southern Ave #101 Mesa AZ 85204

www.taxdebtadvisors.com

Tax Debt Advisors Reviews

 

IRS help by city, IRS Problems, Unfiled Tax Returns
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Written by Scott Allen

TAX DEBT ADVISORS INC in MESA AZ

IRS Representation by Tax Debt Advisors Inc

How to choose an IRS representative in Mesa AZ?

First, and perhaps the most important consideration is to make sure that the person who will represent you is the person setting in front of you in your initial interview.  If you are only meeting with a sales person who will send your fee and paperwork to another location, you will be disappointed.  So find someone local who can be held to a higher level of performance than someone outside your local area.

Second, if you hear the phrases, “pennies on the dollar” or “wipe out all your penalties and interest” you will be disappointed 98% of the time.  Those solutions exist but are relatively rare occurrences.

Third, if you are told something that you want to believe but it sounds too good to be true, it probably is.  Get a second opinion.

Fourth, having a good listing at the BBB is a matter of sending in your fee to be listed.  Only rely on BBB information if it is negative.  Positive ratings are unreliable.  The BBB is bending over backwards to keep clients and are reluctant to lose business unless it is absolutely necessary.

Fifth, if you sign a power of attorney, make sure your representative is listed, has a CAF number, and is either an E. A. Enrolled Agent, CPA or an Attorney.

Six, make sure you have all of your options before you at one time before picking the best solution for you.  Every settlement option has something good about it and something not so good about it.  However, one is much better than the others.  Some IRS settlements require more than one option and it is important that you understand when you are to switch from one option to another.

Tax Debt Advisors Inc is a local Mesa AZ family company that can properly represent you from start to finish with you IRS matter. Working local will always be better almost 100% of the time.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.taxdebtadvisorsinc.com

 

IRS help by city, IRS Problems
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Regular Post
Written by Scott Allen

IRS TAX LIENS – STOP IRS ACTION

IRS Tax Liens in Arizona

When do IRS tax liens expire?

Yes there is an expiration on IRS tax liens—ten years.  The ten years starts from the time the taxes were assessed.  Once the ten year period has passed the tax lien goes away automatically.

There is a caution flag that needs to be raised regarding actions you can inadvertently take that will extend the statute of limitations.  If you file a bankruptcy, a collection due process hearing, submit an offer in compromise or file an innocent spouse claim the 10 year statute to collect is extended because these actions stop the IRS from collecting the taxes due.

A bankruptcy extends the statute of limitation by the amount of time your were in bankruptcy plus six months.

A collection due process hearing will extend the statute of  limitations by the amount of time your hearing was pending.

An offer in compromise will extend the statute of limitations by the amount of time the offer was pending plus 30 days.

An innocent spouse claim will suspend the collection statute during the time the claim is under consideration.

Before any of these tax settlement strategies are utilized, make sure that the risk of extending the statute doesn’t exceed the benefit. IRS tax liens can impact your life in many ways. Be sure to also find out if its possible to settle the IRS or offer up a payment plan solution without the filing of IRS tax liens on your record.

Scott Allen E. A.

Tax Debt Advisors, Inc.

 

IRS Problems, IRS Tax lien problems, Offer In Compromise
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Regular Post
Written by Scott Allen

COLLECTION STATUTE EXPIRATION DATE

Collection Statute Expiration Date – CSED

If the IRS does not collect the taxes within ten years form the date of assessment, then the tax is abated and liens are released against the taxpayer’s property.  If you have several years that you owe on, it is advisable to designate your payments when possible to the most current years rather than to older years that may be close to expiring.  The IRS, without designation from the taxpayer will always apply payments to the oldest debt.  In most cases the IRS will apply voluntary payments to the oldest tax debt regardless of any designation made by the taxpayer.

There are some actions by the taxpayer that can extend the CSED.  The most common are a pending bankruptcy, a judgment or litigation in tax court, a collection due process appeal, a pending offer in compromise or when the taxpayer voluntarily signs a waiver extending the collection statute.

If you think your tax debts have expired we can confirm this verbally and in writing from the IRS.  This inquiry if done correctly does not need to wake up a “sleeping giant.”   Most taxpayer are under the false assumption that once you owe the IRS the debt will stay there until fully paid.  State laws differ from the IRS.  Some states have no expiration dates on tax debts.  If you are uncertain as to your tax debt status, especially those that might have expired, we can help you get a confirmation and clear up tax liens that will likely still be marks against your credit.

Scott Allen E. A.

Tax Debt Advisors, Inc.

www.scottallenea.com

IRS Problems, IRS Tax lien problems, IRS Wage Garnishment
1
Regular Post
Written by Scott Allen

WILL THE IRS THROW ME IN JAIL?

Chances are the IRS will not put you in Jail

The IRS has almost unlimited power but the times that it resorts to severe action are very rare and never without giving you many opportunities to correct the problem.  Try to remember that in almost every case you are negligent not criminal.  Your IRS matter is like a bad parking ticket, not a hit and run crime.

We have never had a client lose their house or vehicle.  The IRS doesn’t want your house or car.  In fact they are required to allow you to have adequate housing and transportation.  You may have to trade in you Ferrari for a Toyota but you can still have a good safe vehicle.  If you live in a home that was paid for with your unpaid taxes, you may have to downside but the IRS gives you adequate time to make the transition.  But in most cases the client has previously decided that they cannot afford the home they are living in.

Unless you are guilty of income tax evasion, which means that you did not report significant amounts of income on your filed tax returns, you do not need the services of an attorney.  On over 113,000 tax debts settled over 45 years, we have only referred five clients to seek legal help and none of them were ever incarcerated.

The IRS does publicly advertise a few cases a year that get your attention.  Fear of criminal action is one of the best ways the IRS motivates the public into compliance of filing and paying their taxes.

Fear of IRS action is one of the main reasons clients procrastinate taking positive action to put their tax debts in a settlement and moving on with their lives.  Once you know what needs to be done to fix your IRS problem, your fear factor will be greatly reduced.  So stop living in fear and start living with purpose.  Call me for no cost consultation to see what settlement options are available to you.

Scott Allen E. A.

Tax Debt Advisors, Inc.

 

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