by Fresh Start Tax | Jan 3, 2019 | Tax Help
Receiving an IRS notice letter or tax bill can be a very frightening experience.
Most taxpayers hate to open IRS mail and usually when they receive this in the mail there is a sick feeling in the pit of their stomach.
There is no need to worry, have anxiety or start being stressed about the matter there is always a resolution to the issue and many times IRS is wrong.
Your tax case is in the system somewhere and the letter or notice helps you identify what is going on and what must be fixed whether it is a bill, notification or even an IRS audit notice. If it is a simple matter you can handle it yourself if not you should call a tax professional that has loads of experience to deal with the IRS notice, IRS letter, Iris tax bill.
We are a team of Former IRS agents and managers that can end your problem now.
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We have over 65 years of working directly for the Internal Revenue Service and the local, district, and regional tax offices of the IRS. We know the system inside and out.
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YOU MUST ACT ON A CERTIFIED LETTER OR NOTICE.
IRS Contacts Taxpayers by Letter or Notification 4 Different Ways:
1. By certified mail
2. By notice of federal tax levy or be filing of federal tax lien
3. By regular mail
4. By telephone
So What Is Your Next Step?
First of all, do not panic.
The IRS is just trying to resolve an open issue.
Most IRS letters, notices or bills come with a time frame of ten to thirty days to respond to the notification.
You should respond within the time period specified or the IRS will follow-up and eventually use enforcement action. If you do not respond to the IRS’s attempts to reach you they will hit you with a Federal Tax Lien, a Wage Levy on your paycheck or a Tax Lien on your bank account.
IRS only sends out tax levies after a series of 5 letters are sent to the taxpayer. These are sent about 5 weeks apart.
1. CP 14 – This is the notice of balance due,
2.CP 501 – This is a Bill that you still owe tax,
3. CP503 – Important, Immediate Action Required
4. CP 504 Urgent Notice – We Intend to Levy on Certain Assets, Please Respond Now
5. CP90/CP297/ IRS Letter 1058 – Final Notice of Intent to Levy of Your Right to a Hearing
6.CP 91 CP298 -Final Notice Before Levy on your Social Security Benefits
Contact By Certified Mail
When IRS contacts you by certified mail it is time to be serious about the next step. The IRS has tried to contact you before to resolve the issue and has been unsuccessful.
Certified letters from the IRS usually means they are ready to take enforcement action. Unless you reach them within the prescribed period of time the IRS will probably levy your wages or bank account and file a Federal Tax Lien.
It is time to call your Fresh Start Tax Professional. In most cases, within a thirty-day period of time, the IRS will send a wage levy to your employer, and or a bank levy to your bank accounts.
Whether you sign for the IRS certified mail or not, the 30 day period starts on the date of the IRS letter.
Before you make any contact with the IRS you want to know your rights so you don’t make the situation worse than it already is. This requires a plan of action. Contact Fresh Start Tax as soon as possible and we will contact the IRS immediately to stop any collection activity.
The CADE2 computer is the issuer of IRS Letters and Notices
The Internal Revenue Service is spending millions and millions of dollars on their CADE2 computer. This is the computer giant that belongs to Internal Revenue Service and all its systems are held within this massive computer.
All IRS notices, letters and bills that go to taxpayers are generated from the system.
All the information that this computer generates is handled systemically and not a human hand will ever touch a piece of paper you receive.
To stop the issuance’s of IRS notices and IRS letters you must contact an Internal Revenue Agent who can directly make changes to the CADE2 computer.
Usually you will find this on a 1-800 number on your letter, notice or bill.
If you do not contact the Internal Revenue Service at some point in time enforcement action will begin.
It is critical you contact the Internal Revenue Service at the number shown on Letter or Notice to stop or correct the problem or situation.
The worst thing you can do is not respond to the IRS notice her letter because I can assure you you will not be happy with the consequences.
I can tell you as a former IRS agent these letters are notices will not go away.
Should you need a free tax consultation speak to a true IRS expert regarding an IRS notice, an IRS tax bill, or IRS letter contact us today for a free initial tax consultation.
by Fresh Start Tax | Dec 13, 2018 | Tax Help
We are a local tax firm that has been practicing in South Florida since 1982. We are composed of CPAs, former IRS agents, managers, and teaching instructors.
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Many people ask us how IRS determines their cases when cases get into the appellate process. below you will find out some of the standards they use in evaluating your case.
IRS Hazards of Litigation.
I am a former IRS agent and teaching instructor. I have over 40 years of experience with the Internal Revenue Service and in private practice. If you need help representation please feel free to call us today.
As a general rule after practicing over 40 years of tax experience, I have found I get a better result going to the appeals division. I feel that you have a more seasoned person looking at the case who is much more able to settle the case based on their years of experience. You will find the Appellate Division much more flexible.
Many times in the local office you do not know what you’re going to get from the field agent working the case. It is a lot easier many times to convince the appeals officer based on certain common senses. Many times a local office will see things black-and-white and the appeals agent sees things in the gray and are quicker to settle cases.
But keep in mind, you cannot have any frivolous arguments, you must have some sort of case before bringing it forward.
If you work a lot of cases that frequently go to appeals you can start building a reputation of a solid practitioner versus a scammer. It is best generally for your client and for your reputation to send solid work to the appeals office.
A LAYMAN’S LOOK AT THE HAZARDS PROCESS
I am attempting here to lay out a layman’s look at the hazards of litigation and what the appellate officer will look at as a case comes their way.
As a general rule, the appellate officer receives the entire case from the collection division or the audit division with all the notes and the entire case file.
Generally, the Appellate Division will get involved in the case from the audit or collection division in which the taxpayer is unsatisfied based on the result of the current field agent working the case and asked for a hearing in the appeals division.
The agent will carefully look at the case and then send out their appointment letter. They want to try to understand the case first before the appointment letters go out.
It is critically important for the practitioner of the taxpayer to respectfully and respond to all-time dated requests. You do not want to do anything to upset the appeals agent and their timelines in the handling of these cases.
Case files sent by the practitioner to appeals should be very organized, well documented and placed in tabs if necessary. Good case appearance is very important to the appellate agent can make their way through the case easily.
IRS management is very time conscious on cases and as a general rule, they do not like having overage cases in their inventory and many times both management and the agents are written up because of poor time management.
The appeals division is there to make a lasting final decision before the case could go to Tax Court.
The appeal officer does not want the case to go to court and they do their best to settle the case if in fact it can be settled on a reasonable basis. However,’s there are certain factors that the IRS appellate agent must consider before settlement.
If the case goes the Tax Court the IRS does not want to lose because it can alter future decisions and this can have a devastating effect on future cases going forward. If they lose the case it looks bad on the appellate agent, the supervisor’s management and the district in which the decision was ruled.
An Example:
The appellate agent looks at the case and based on the facts and circumstances. If feel they have an 8/10 chance of winning the case, many times they can offer an 80% reduction in the total tax. Before the agent sends out a letter offering a reduction, the case is reviewed with their supervisor to make sure this is consistent with the IRS overall goal so it does not affect future cases.
The IRS has certain categories or criteria that they use for the hazards of litigation.
I have put together 11 elements that they use in making their determination about the strength of the weakness of their case. Please remember this is a layman’s view so those reading this blog can understand how the IRS works these hazards of litigation cases.
I have deliberately not gone into any legal detail because this is just a brief overview of hazards.
Hazards of litigation categories
This list contains a majority of factors but not all-encompassing.
1. How would the judge view the facts of this case?
2. How much evidence would this hold inside a courtroom,
3. What is the credibility of the representation and the taxpayer
4. How well is the case been presented to the appeals agent that will be presented in court? Is the case well presented in well representative
5. Can the taxpayer meet the burden of proof effectively to convince the judge
6. If witnesses come into play are they credible and will they testify in such a case, can anything disqualify them
7. Has the taxpayer successfully shifted the burden of proof to IRS
8. Who does the appeals agent based on the aforementioned facts feel the judge will rule in favor of
9. How solid will the presenter of the taxpayer’s case be
10. Can the evidence of the facts be proven
11. Has tax law already existed in this case
What Does the IRM say about these matters
1. The Appeals mission is to resolve tax controversies, without litigation, on a basis which is fair and impartial to both the Government and the taxpayer and in a manner that will enhance voluntary compliance and public confidence in the integrity and efficiency of the Service.
This is Appeals’ general contribution towards achieving the Service mission. (See IRM 1.1.1, IRS Mission and Basic Organization and IRM 1.2.17, Servicewide Policies and Authorities, Policy Statements for the Appeals Process.) In further support of the Service mission, Appeals may defer action on or decline to settle some cases, under Policy Statement 8–47 (described at IRM 1.2.17.1.6), where:
A. required by other Headquarters Office-issued internal management documents, such as those suspending action on cases or those requiring coordination or control of identified matters with widespread impact; or
B. such action would produce a greater positive effect on voluntary compliance than would be derived from settlement or other action on the case.
3. A fair and impartial resolution is one which reflects on an issue-by-issue basis the probable result in event of litigation or one which reflects mutual concessions for the purpose of settlement based on relative strength of the opposing positions where there is substantial uncertainty of the result in event of litigation.
4. It is the experience of Appeals that thorough, reasonable, and objective consideration of all elements of a controversy leads, in a large majority of cases, to the resolution of the controversy on a basis agreeable to both the taxpayer and the Government.
The agreement is not possible in all cases, however. A taxpayer may not agree with Appeals conclusion as to the probable result in event of litigation or to the extent of mutual concessions required where there is substantial uncertainty of litigating result or may prefer to litigate for other reasons.
IRS Appeals Experts + IRS Tax Audit, IRS Collection Cases + Ft. Lauderdale, Miami, Boca Raton, Miami Beach, Palm Beaches
by Fresh Start Tax | Nov 6, 2018 | Tax Help
Follow the simple steps on this blog and you’ll learn how to get IRS to release a bank or wage garnishment levy now.
Usually within 24 hours of reading this information, preparing the documentation you should be able to get your release of a banker wage levy garnishment.
You can do this yourself or call our firm comprised of former IRS agents, managers and teaching instructors.
Call today and we can walk you through the process.
As a former IRS agent I literally issued thousands of IRS bank and wage garnishment levy notices therefore I know the system and the methodologies inside and out to get immediate releases of the wage garnishment and bank levies there is a very specific process.
I have signed so many bank and wage garnishment levies that felt many times like my hand would fall off. Some days I issued 50 notices to levy. However, now I’m on your side and I can stop the process.
Not only can we get your IRS wage garnishment or bank levy release we can settle your case at the same time.
One call to our office and you will understand the process of how to get an immediate release of a wage or bank levy garnishment.
It is all a matter of knowing the system.
As a former IRS agent and teaching instructor many taxpayers receive a nasty gram from Internal Revenue Service, they find out that the IRS has either sent out a tax levy
There is never a good time but it always seems to happen at the worst times, always.
The best thing you could possibly do is talk to a professional tax firm that can go over the various options that you have.
It is important that you understand the system and to know that a bank levy garnishment or a wage garnishment is not going to go away until Internal Revenue Service is contacted.
IRS sent the bank levy or the wage garnishment levy because taxpayers have failed to contact them. Sadly, many taxpayers have never received prior bills or notices because they moved and the notices never found their way to be opened.
Before IRS may issue a bank levy is required to send out the following notices. There are absolutely no exceptions.
IRS sends out a series of 4 to 6 letters depending on the case, the dollar amount, the type of delinquency and have formally requested demand for payment on the back taxes.
If the Internal Revenue Service received no correspondence or no call the Internal Revenue Service through their computerized system will issue a bank levy or wage garnishment notice.
IRS cannot levy until it sends out required notices, they are as follows:
Required Notices for IRS :
1. Before property can be levied, the taxpayer must be given a,
• Notice and deman,
• Notice of intent to levy, and
• Notice of a right to a Collection Due Process (CDP) hearing
.
After these notices have been sent out to the IRS computerized system that allows IRS to take the next step to formally issue a bank levy or wage garnishment notice.
The Internal Revenue Service keeps all W-2s, 1099s, and all third-party income sources on a computer in which they draw upon to issue IRS bank levies or wage garnishments. The Internal Revenue Service keeps his income source list for six years.
So, now the ball is put in your court, you are not going to receive another paycheck and IRS has just frozen your bank account for 21 days so what is the next step.
The Internal Revenue Service will be waiting for you to contact them and give them information so they can literally close your case off the IRS enforcement computer.
What IRS is waiting before they can release a bank or wage garnishment:
Please keep in mind that you can get an IRS wage or bank levy garnishment released usually within 24 hours of contact the Internal Revenue Service with all required documentation.
The Internal Revenue Service does not wish to take your money from a bank account work take your wages it only does so because taxpayers have not complied with federal and government regulations. It is used as a last resort and only because taxpayers have failed to contact the IRS because of the tax debt.
The IRS has certain procedures through their internal revenue manual that dictates what the next step will be systems before they will release a bank or wage garnishment notice.
They are as follows:
1.IRS will completely review your current financial statement,
2.IRS knows all your tax returns are filed, and after this is done,
3. IRS is willing to close your case off of the IRS enforcement computer and issue a notice of release of the wage or bank levy garnishment.
What You Should Do NOW:
It is in your best interest to contact a professional tax firm to set up a current tax strategy and exit strategy and to develop a plan to get your levy and wage garnishment immediate released.
The Internal Revenue Service will review your financial statement on form 433 a or 433F before they will make a determination on your case. It is their primary document they use to handle all open IRS collection cases.
The financial statement is the key.
The filling out, the completion, and the sending out to Internal Revenue Service is the key to not only getting an immediate release of a bank levy or wage garnishment notice but settling and closing your case.
The Internal Revenue Service will make sure all documentation is received to make sure the correctness and accuracy of the financial statement.
IRS will also require for verification:
1. The last 3 to 6 months bank statements,
2 copies of pay stubs,
3. copies of all bills for the last 3 to 6 months, and,
4. more importantly they will evaluate your current living expenses to that against the national, regional and local standards.
IRS will evaluate your house and utility expenses, your car expenses, your medical expenses, and any monthly bills that you have.
This is general information IRS will require and depending on your financial statement IRS may add to this list especially if you have a business, or schedule C.
All bills in expenses must be within the IRS current standards to be acceptable to the Internal Revenue Service.
The bottom line, IRS will review your current financial statement and usually make one of three determinations on how they will close your case off the enforcement computer and at the same time issue a release of bank levy or a wage garnishment notice.
How IRS may close Your case:
Upon IRS receiving all the documentation on the financial statement IRS may determine to put you in:
1. a currently non-collectible hardship status,
2. ask you to enter into a monthly installment payment or,
3. maybe encourage you to file an offer in compromise because you meet certain qualifications to settle your tax debt to the offer in compromise program.
Call us today for a free initial tax consultation we will walk you through the process of getting an immediate release on your wage or bank levy garnishment.
As a general within 24 hours of receiving your current financial statement we can get an IRS wage or bank levy garnishment released immediately.
How to Get IRS To Release Bank, Wage Garnishment Levy NOW, Former IRS
by Fresh Start Tax | Nov 26, 2012 | IRS Notice or Letter, Tax Help
IRS Tax Notices Help, Settlements – Notice CP-501
Do not be stressed, call us for a no cost consult 1-866-700-1040.
Fresh Start Tax L.L.C. is comprised of Tax Attorneys, Tax Lawyers, CPA’s and Former IRS agents, managers and instructors. We have over 206 years of IRS tax experience and over 60 years of direct IRS work experience in the local, district and regional offices of the IRS.
Being Former IRS Agents we know all the tax policies and positions of the IRS. We can get you tax relief today.
If you cannot pay the liability in full contact us today and we can go over your options to stop the IRS.
IRS has three different programs to deal with unpaid taxes.
IRS can either place your case in hardship, accept payment or considering settling your case with a offer in compromise of a tax debt settlement.
Call us today and we will review your case for no charge and go over different tax options.
The IRS Collection Process.
Once a taxpayer or business owes funds to the IRS it sends out a series of collection notices. These notices are CP-14. Notice CP-501, Notice CP-503, Notice CP 504. Each of these notices go out in a 5 week billing cycle.
You must make sure you call IRS early on in the process to stop enforcement action. If you do not respond to the IRS after the CP 504 you can expect a bank or wage levy coming your way.
The CP-501
Notice is a first bill notice simply letting you know that money is owed to the IRS. The IRS will give you a pay of date to pay the tax. It is best if you have the funds to pay the tax off in full.
The second notice you will receive is the CP 501
The CP-501.
The Bill will look just like this.
Reading your notice
Your notice may look different from the sample because the information contained in your notice is tailored to your situation.
Notice CP501, Page 1
Notice CP501, Page 2
Notice CP501, Page 3
Notice CP501, Page 4
by Fresh Start Tax | Nov 9, 2012 | IRS Representation, IRS Tax Audit, IRS Tax Problem, Tax Help, Tax Relief
IRS TAX RELIEF – IRS TAX HELP
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Fresh Start Tax L.L.C. is one of the premier tax resolution firms in the New Jersey area.
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