by Fresh Start Tax | Jun 18, 2012 | IRS Notice or Letter, IRS Tax Debt, IRS Tax Problem, Representation, Tax Help, Tax Lawyer, Tax News
Not All IRS Tax Assessments Are Valid!
Let former IRS Agents and Appeals agent determine whether the IRS has properly assessed your tax liability.
The validity if tax assessments or tax bills.
The IRS may be correct that you owe additional income taxes; but if the assessment was not made according to the Internal Revenue Code, the IRS is not authorized to collect it. The IRS does make mistakes in assessing taxes due to procedural errors on its part. Also, the IRS must make the assessment of the additional tax before the assessment statute has expired.
When the IRS determines that your income tax liability should be increased, the Internal Revenue Code requires that IRS assess the additional tax. The “assessment of tax” is the posting of the additional tax to your tax account for that specific tax year. The Internal Revenue Code provides various procedures for assessing taxes. The most common method for assessment is for the IRS to solicit from the taxpayer a signed Form 870 or Form 4549. After these signed forms have been received by the IRS, the IRS then has the authority to make the assessment of the additional tax against the taxpayer.
Another form that gives the IRS the authority to assess the additional tax is Form 870-AD, when a case is under the jurisdiction of the Appeals Division. The Form 870-AD becomes valid for the purpose to assess tax only after the taxpayer signs and the IRS executes (signs) the form. If the IRS makes the assessment based on Form 870-AD that has not been executed, the assessment is not valid.
The IRS can also make an assessment after the taxpayer signs a decision document and is properly signed by the IRS Area Counsel Attorney when the case is in docketed status before the Tax Court. Also there are specific periods of time that the assessment is prohibited and specific periods of time that the assessment can be made by the IRS. If the decision document is not properly signed by the IRS Area Counsel Attorney or the assessment is made during the period that the assessment is prohibited or after the assessment is allowed, then the assessment is not valid.
The least common method that authorizes the IRS to make an assessment is when the taxpayer signs Form 866 (Agreement as to Final Determination of Tax Liability). If the Form 866 is not executed by the proper IRS official (signed), the assessment is not valid.
It should be noted that if the taxpayer signs Form 906 (Determination Covering Specific Matters), the Form 906 by itself does not authorize the IRS to assess the additional tax attributable to the specific matters of the closing agreement. The IRS is still required to either solicit a signed agreement form such as an 870, 4549 or and 870-AD. Should the taxpayer refuse to sign any of these agreement forms, the IRS must then issue a Notice of Deficiency and should the taxpayer then file a petition to Tax Court, he would be precluded from contesting the issues found in the Form 906 in Tax Court.
When the taxpayer does not agree to a proposed assessment, the IRS issues a Notice of Deficiency (more commonly known as the 90 day letter) which authorizes the IRS to assess the additional tax after the expiration of the 90 day period, if the taxpayer does not petition Tax Court. An important fact to remember is if the IRS does not mail the Notice of Deficiency to the last known address, the assessment based on the defaulted Notice of Deficiency (that means that the taxpayer did not file a petition to Tax Court within the 90 day period) is not valid.
If the assessment is not valid, the IRS is required by law to reverse out the invalid assessment. It is up to you, to raise the issue with the IRS that the assessment is not valid. If the assessment statute has expired, the IRS will no longer be able to assess the additional tax. In the other hand, if the assessment statute is still open, then the IRS can properly assess the additional tax by soliciting an agreement form from the taxpayer or issue a Notice of Deficiency. The correct strategy is to raise the invalid assessment issue only after the assessment statute has expired; thus, the IRS would be precluded from assessing the increase in tax.
Let us at Fresh Start Tax review your case. Our experienced staff of former IRS Examiners and Appeals Officers will evaluate your case and determine whether you should raise the issue that the assessment is invalid and demand that the IRS reverse the invalid assessment.
Many assessments of tax attributable to the taxpayer’s flow through adjustments from partnerships are not valid due to procedural errors on the part of the IRS. The assessment of tax attributable to a taxpayer’s share of partnership items is a complex area of tax law that even the IRS makes many errors in its application.
Let Former IRS agents get you the tax relief you need on your back taxes.
Fresh Start Tax L.L.C. is one of the premier tax resolution firms in the country. We deal with all types of civil cases including individuals, businesses, non-profits, partnerships and corporations. We have staff that specialize in every facet of IRS Tax Representation.
We know all the IRS tax strategies because of our extensive IRS working backgrounds. We were Former IRS Certified Tax Instructors that taught IRS Tax Law in the IRS Regional Training Center. Some of our many specialties include the following:
Areas of Professional Tax Practice:
- Same Day IRS Tax Representation
- Offers in Compromise or IRS Tax Debt Settlements
- Immediate Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
- Tax Return Reconstruction if Tax Records are lost or destroyed
Our Company Resume: ( Since 1982 )
- Our staff has collectively over 205 years of Professional IRS Tax Representation Experience
- On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
- We taught Tax Law in the IRS Regional Training Center
- Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
- Highest Rating by the Better Business Bureau “A”
- Fast, affordable, and economical
- Licensed and certified to practice in all 50 States
- Nationally Recognized Veteran /Published Former IRS Agent
- Nationally Recognized Published EZINE Tax Expert
- As heard on GRACE 90.3 FM Monthly Radio Show-Business Weekly
by Fresh Start Tax | Jun 13, 2012 | Back Taxes, IRS Tax Debt, IRS Tax Problem, Offer in Compromise, Tax Help, Tax Lawyer, Tax Settlements
Offer in Compromise – Free Review & Consult – Pre Qualify for no cost – Former IRS 1-866-700-1040
Fresh Start Tax L.L.C. is one of the leading and most trusted tax resolutions firms in the country. “A” Plus rated by the BBB staffed with Former IRS employees.
On staff are Board Certified Tax Attorneys, CPA’s and Former IRS agents and managers with over 60 years of direct IRS tax experience. We can settle your tax debt on your back taxes and get you tax relief.
Also on staff are former IRS Agents who taught the Offer in Compromise Program when employed by the IRS.
We will for no cost offer a free tax consult to see if you qualify for an offer in compromise.You will get a no cost professional opinion on your case. Do not be ripped off by other tax firms.
You do not want to file for a offer in compromise or pay a fee to any tax firm unless you know you are pre-qualified.
Offer in Compromise – Free Review & Consult – Pre Qualify for no cost – Former IRS
Call us of SKYPE us today to here the truth about Offers in Compromise.
You will speak directly to a tax professional!
Major Policy change for offers in compromise
The IRS has just had a major policy change in regard to the Offer in Compromise and it will so allow many more taxpayers to completely lower their tax bill with the IRS.
This is a major and sweeping changing one of the most significant the Internal Revenue Service has made in the past 50 years in regard to IRS collection policy.
The new Offer in Compromise program focuses on the financial analysis used to determine which taxpayers qualify for an OIC.
This major announcement also enables some taxpayers to resolve their tax problems in as little as one to two years compared to four or five long years in the past.
In most circumstances, the IRS changes announced will include:
• Revising the calculation for the taxpayer’s future income.
• Allowing taxpayers to repay their student loans.
• Allowing taxpayers to pay state and local delinquent taxes.
• Expanding the Allowable Living Expense allowance category and amount.
When the IRS calculates a taxpayer’s reasonable collection potential, it will now look at only one year of future income for offers paid in five or fewer months, down from four years, and two years of future income for offers paid in six to 24 months, down from five years.
All offers in compromise must be fully paid within 24 months of the date the offer is accepted.
The Form 656-B, Offer in Compromise Booklet, and Form 656, Offer in Compromise, has been revised to reflect the changes.
You can find this forms on our website.
Other changes to the program include narrowed parameters and clarification of when a dissipated asset will be included in the calculation of reasonable collection potential. In addition, equity in income producing assets generally will not be included in the calculation of reasonable collection potential for on-going businesses.
by Fresh Start Tax | Jun 5, 2012 | Back Taxes, IRS Tax Debt, IRS Tax Problem, Offer in Compromise, Tax Lawyer
IRS Tax Preparation – Former IRS – Owe Back Taxes – Ft.Lauderdale, Miami, Palm Beaches 954-492-0088
Call us today and speak directly to tax attorneys, CPAs, and former IRS agents, managers and instructors.
We over 206 years professional tax experience in over 60 years of working directly in the local South Florida IRS offices.
Call us for free tax consultation today.
Not filed Back Tax Returns. ( Tax Preparation )
If you have not filed tax returns and it is starting to be a headache call us today to get back into the system worry free.
The IRS is getting much more aggressive in there approach to get unfiled, past due, late or back tax returns because of the debt the U.S. is currently facing. IRS wants the tax returns filed and the money paid.
South Florida is an easy target for the IRS because of the transient nature of the economy and many of the programs IRS will begin to initiate will be centered right here in South Florida.
An inside source from the IRS said that the IRS will start employing the use of the TDI ( Taxpayer Delinquent Investigations ) to start notifying taxpayers of the overdue or delinquent tax returns.
Fresh Start Tax LLC is one of the premier firms in South Florida in dealing with non-filers and tax debt settlements. ( offers in compromise )
We can file all back taxes and work out a tax debt settlement.
Being comprised of Former IRS agents, managers and instructors, we have a unique edge in the total case management of taxpayers with filing and owing back taxes. We know the system inside and out. We taught the system at the IRS.
Fresh Start Tax LLC has successfully processed thousands of taxpayer cases through the system getting them back into the good graces of the IRS.
Taxpayers do not need to be worried. Former IRS Agents know the system so well these cases get back into the system and the taxpayer will usually suffer no loss what so ever. Peace of mind comes quick.
If you have unfiled, past due, back, late delinquent tax returns and you want to have instant peace of mind, call us today.
We will file a power of attorney with the IRS so you will never have to speak to the IRS.
We will get all the information to prepare your tax returns and workout a tax settlement with the IRS.
Stop worrying, call Fresh Start Tax LLC today.
We are comprised of tax attorneys, CPA’s and Former IRS Agents.
We can also release any IRS levy or wage garnishments.
IRS Tax Preparation – Former IRS – Owe Back Taxes – Ft.Lauderdale, Miami, Palm Beaches, South Florida
by Fresh Start Tax | Jun 4, 2012 | IRS Tax Debt, IRS Tax Problem, Offer in Compromise, Representation, Tax Help, Tax Lawyer, Tax Returns, Tax Settlements, Uncategorized
Settling your IRS tax debt has just been made much easier through the new Fresh Start Program just launched by the Internal Revenue Service.
On May 21, 2012 the Internal Revenue Service announced another expansion of its “Fresh Start” initiative by offering much more flexible terms to its Offer in Compromise (OIC) program that will enable some of the most financially troubled taxpayers/businesses to clear up their IRS tax problems/issues and in many cases more quickly than in the past. This is one of the biggest changes ever by the IRS in regard to IRS tax debt.
The new announcement specifically targets on the financial analysis used to determine which taxpayers qualify for an Offer in Compromise or a tax debt settlement.
This announcement also enables some taxpayers to resolve their tax problems in as little as two years compared to four or five years or in some cases 10 years in the past.
In certain circumstances, the changes announced today include:
1. Revising the calculation for the taxpayer’s future income
.2 Allowing taxpayers to repay their student loans.
3. Allowing taxpayers to pay state and local delinquent taxes.
4. Expanding the Allowable Living Expense allowance category and amount.
An OIC ( Offer in Compromise ) is an agreement between a taxpayer and the IRS that settles the taxpayer’s IRS tax debt liabilities for less than the full amount owed. In many cases “pennies on a dollar’. The usually settlement is about $.014.
An OIC is generally not accepted if the IRS believes the liability can be paid in full as a lump sum or a through payment agreement. The IRS looks at the taxpayer’s two major assets:
1. all income including social security, disability income,
2. liquid assets including 401k and all pensions
to make a determination of the taxpayer’s reasonable collection potential.
Offers in Compromise are subject to acceptance on legal requirements and must be approved by 3 layers of IRS management.
The IRS finally recognizes that many taxpayers are still struggling to pay their debts and are underwater on there mortgages so the IRS has been working to put in place “common-sense changes” to the OIC program. This change is long over due.
When the IRS calculates a taxpayer’s reasonable collection potential, the Internal Revenue Service will now look at only one year of future income for offers paid in five or fewer months, down from four years, and two years of future income for offers paid in six to 24 months, down from five years. This is a huge change and will allow the taxpayers to reduce their IRS tax debt as far down as 75%.
Settling your IRS tax debt has really been made much easier starting today.
All offers in compromise must be fully paid within 24 months of the date the offer in compromise is accepted.
The new IRS Form 656-B, Offer in Compromise Booklet, and new IRS Form 656, Offer in Compromise, has been revised to reflect the changes.
Other changes to the program include narrowed parameters and clarification of when a dissipated asset will be included in the calculation of reasonable collection potential. In addition, equity in income producing assets generally will not be included in the calculation of reasonable collection potential for on-going businesses.
It is always best to make sure your offer in compromise or your tax debt settlement qualifies for a tax settlement in the first place.
Call the tax professionals at Fresh Start Tax LLC. We are comprised of Board Certified Tax Attorneys, CPA’s and Former IRS Agents and Managers.
We can also file all past due, late, or back tax returns. We are your firm for immediate and permanent tax relief on back taxes.
by Fresh Start Tax | Jun 4, 2012 | Back Taxes, Income Tax Preparation, IRS Tax Debt, IRS Tax Problem, Tax Returns, Tax Settlements
Unfiled, Back Tax, Past Due Tax Returns – How to file and settle with the IRS – Former IRS Agents can save you money 1-866-700-1040
There are millions of taxpayers with unfiled, past due, and back tax returns. The figures of unfiled, past due or back tax returns are close to 20 million non filers and maybe more.
What is unusual about this number is the fact that many of these taxpayers actually want to get back in the system but are afraid to and do not know how to do that without the ire of the IRS and the fear associated with that.
Our firm, Fresh Start Tax LLC specializes in this process and want to explain the process. It is much easier than you think.
IRS is not always the beast they are made out to be.
The filing of the unfiled, back or past due tax returns.
The first part of the process is getting your tax records together. The majority of those taxpayers in this position of unfiled, past due, late, or back tax returns do not have their information to prepare their tax returns. They have been lost, they have moved and they are poor record keepers.
IRS keeps on file the last seven years worth of income information. A simple request can be made to the Internal Revenue Service to receive income information. That is a starting point and from there most taxpayers can simply reconstruct their expenses.
Most professional preparers can easily aid and assist the clients/taxpayers once they have received the income source information. Building the expenses part is relatively simple.After preparing thousands of tax returns a solid tax professional should have no problem in tax reconstruction.
A Key Point.
Being a former IRS agent it is very important to remember when you are preparing these unfiled, back or past due tax returns that the returns must make sense.
A good standard or bar that I used as a former agent was the fact that 4 things had to match up and make sense;
1. Tax Return
2. A financial statement
3. Bank Statements
4. Cost of living for the area the taxpayer was living.
In a nut shell, the taxpayers living expenses should be reflected in the bank deposits on a financial statement and the total income explain on the Adjust Gross Income on a tax return.
The Settlement with the IRS.
The IRS has a new program they are currently administering called the Fresh Start Initiative or Program.
To settle your tax debt case with the IRS, the Service will look at two primary factors. Income and assets.
IRS will conduct a thorough investigation after a form 433 OIC is filed with the IRS.
I do not recommend anyone file a offer in compromise without professional help. I have worked offers in compromise for over 38 years . It is an art and a professional talent to get an offer accepted.
However for those do it your selfers out there, IRS will want the value of roughly 90% of your assets and and excess income over the national standard. IRS uses a multiplier of either 12 or 24 depending in the settlement structure.
Call us today and learn more about IRS tax debt settlements.
We are compromised of Board Certified Tax Attorneys, CPA’s and Former IRS Agents.
Call us at 1-866-700-1040
Unfiled, Back Tax, Past Due Tax Returns – How to file and settle with the IRS – Former IRS Agents can save you money
by Fresh Start Tax | Jun 1, 2012 | Back Taxes, Installment Agreements, IRS Payment Plans, IRS Tax Debt, IRS Tax Problem, Offer in Compromise, Tax Lawyer, Tax Levy and Wage Garnishments, Tax Settlements, Uncategorized
IRS, Tax Levy and Unfiled Tax Returns – How to get IRS off your back 1-866-700-1040
Have Former IRS Agents get your tax levy released and file all your back tax returns. We are tax experts. We are fast and affordable.
One of the largest concerns for taxpayers who have just received one of 3.8 million tax levies the IRS sends out a year is ” How do I get IRS off my back and my tax levy released?”
A good estimate is that there about 20 million taxpayers out there with unfiled tax returns and at some point the IRS just catches up. Tax levies are coming!
The IRS enforcement computer called CADE catches up to all taxpayers.
How to deal with the IRS and get them of your back.
IRS does not want to levy. They do not want to send out bank levies and wage levies or tax garnishments. We have a voluntary system of compliance. When taxpayers do not respond to IRS letters, notices and the filing of their tax returns, IRS has no choice but to let the computer system follow up with enforced compliance.
With that said, you can get the IRS off your back quite easily.
The easiest way of course is to hire a tax professional who knows there way around and through the system and can easily resolve the situation. A tax professional will handle the case in this fashion.
In regarding to past due, late, unfiled, back or delinquent tax returns.
The Internal Revenue Service will not usually release bank or wage garnishment levies until all tax returns are filed.
The levy serves as an enforcement tool to make sure IRS gets what IRS wants. IRS will hold their position on this issue and want all tax returns in their hands until it will release the bank or wage levy garnishments.
Waste no time, get tax returns prepared and filed immediately. The longer you wait the longer the bank or wage levy will usually stay in place.
We make sure the tax returns are sent to the agent handling the case so the tax returns do not get caught up in the system. IRS can lose track of the returns easily.
After all tax returns are sent to the IRS, the Service will want to review your current financial statement. The financial statement the 433A, 433F is the crucial element to the way your case will be closed by the IRS to end your tax problem. Tax relief will be coming soon, be patient.
IRS will expect a documented financial statement. After a review of the financial statement IRS will close your case in one of the following three ways:
1. IRS will put your case in hardship or currently uncollectible which means IRS has determined you have no money to pay them at the current time. Penalties and interest will continue to run and your case will works its way back to the computer system in a couple years. IRS notice and letters will start up somewhere down the road.
2. If you show and ability to pay the IRS back taxes, IRS will insist on the payment plan, installment plan or streamline agreement.
3. IRS will consider a Offer in Compromise or a tax debt settlement.
It is not wise for any taxpayer to file on Offer in Compromise on there own.
There is much involved and I should know. I am a former IRS Agent and teaching Instructor with the IRS. Offers in Compromise are complicated and there is much skill required to have a successful offer accepted.
In summary the keys to getting the IRS off your back:
1. Make sure all tax returns are filed and you are current on all withholding
2. Make sure you have a proper documented 433A, 433F so IRS can close your case,
3. Have a plan B.
We are staffed with former IRS Agents, CPA’s and Board Certified Tax Attorneys.
Call us today to end your tax problem, get immediate tax relief and get your life restored.
IRS, Tax Levy and Unfiled Tax Returns – How to get IRS off your back
