Regular Post
Written by Scott Allen

What are the pros and cons of filing Bankruptcy to discharge my IRS tax debt? From Tax Debt Advisors, Inc.

Discharging IRS Tax in Bankruptcy Phoenix AZ

Pros

Immediately there is an automatic halt of all collection action by the IRS.  Discharging IRS tax in bankruptcy Phoenix AZ can be used when an IRS Offer In Compromise is rejected or you do not have the funds to pay the amount the IRS wants to be paid with your Offer.  It may be possible to wipe out all interest, penalties and tax liability.

Cons

Discharging IRS tax in bankruptcy Phoenix AZ will hurt your credit.  Some taxes such as payroll tax debts are not dischargeable.  Attorney fees are expensive.  If you are close to the statute of limitation, it maybe better to enter an installment arrangement or non-collectible status until the time the IRS has to collect the tax expires.

If you filed a fraudulent return it cannot be discharged in bankruptcy.  There is a waiting period of two years from assessment and three years from the due date for filing the return.

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My service to you is to tell you when your taxes are dischargeable in a bankruptcy and compare filing a bankruptcy with other IRS settlement options.  I will then refer you to a competent bankruptcy attorney who will determine if you qualify to file a bankruptcy and answer any questions you have on how IRS tax bankruptcy will affect you.

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

www.TaxDebtAdvisors.com

 

IRS Problems, IRS Tax Attorney, Tax Attorney Arizona, Tax Bankruptcy
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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
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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

 

BACK TAX RETURNS, IRS Problems, Tax Preparation
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Regular Post
Written by Scott Allen

IRS Tax Examination Letters Scottsdale AZ

IRS Tax Examination Letters

There are at least four different types of IRS examination letters Scottsdale AZ used by the IRS.  The most common include:

Letter 525—General 30 Day Letter.  This letter gives you the results of a proposed adjustment to your tax return.  If you do not agree you can file an appeal within 30 days from the date of the letter.

Letter 1153—Trust Funds Recovery Penalty Letter.  This letter is the IRS’s attempt to collect the federal employment or excise taxes due from your business.  You have 60 days to appeal this decision from the date of the letter with the IRS Appeals Office.

Letter 3219—Notice of Deficiency.  This is notice of by the IRS Commissioner that you owe additional tax.  You have 90 days from the date of the notice to file a petition with the Tax Court.

Letter 3391—30 Day Non-filer letter.  This is notice that the IRS believe you have not filed returns for the period(s) mentioned in the letter.  It includes the amount of proposed adjusts to your tax return.  You can protest this assessment within 30 days of the date of this letter.  If you neglect to appeal this decision, the proposed assessments become a Substitute for Return (SFR).

Need help with any of these notices? Give Scott Allen EA a call today. He specializes in helping Scottsdale AZ taxpayers with IRS tax examination letters.

 

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

Can the IRS put a lien on my house when I am making monthly payments on what I owe?

The IRS put a lien on my house

The answer is yes.  Any time you owe the IRS, they can put a lien on your house and other property that you own.  You should expect a lien to be filed even if you are on a monthly installment arrangement or a non-collectible status.  Even if you are in the process of applying for an offer in compromise the IRS can file a tax lien if they are concerned about the amount being offered.

If you feel that there is a legitimate reason why the IRS should not have filed a tax lien, you have the option of filing a collection due process appeal.  In most cases, you will not be successful in removing the lien unless it is due to an error on the part of the IRS, or when a return is assessed it will prove that you will not own any taxes.  If you desire to get a tax lien removed in order to get a loan to pay the balance owed off in full, the IRS will subordinate the lien in order to allow a bank to make the loan.

If you have any questions regarding the filing of a tax lien, removing a tax lien or how a tax lien affects your credit or assets, give me a call for a free consultation at 480-926-9300.

Scott Allen E. A.

Tax Debt Advisors Inc helping Arizona taxpayers with and IRS lien on their house

www.irshelpblog.com

IRS Problems, IRS Tax lien problems
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