The IRS Process and Options
For Individuals or businesses who owe money to the IRS, an experienced Denver tax attorney at The McGuire Law Firm, will help you and/or your business resolve liabilities with specifically tailored solutions. These solutions may include a variety of proceedings and alternatives, including: filing amended (or original) tax returns, petitioning tax court, requesting an installment agreement, filing an offer and compromise, filing a collection due process hearing, requesting the IRS place your account in currently not collectable status, and filing for bankruptcy. A tax attorney at The McGuire Law Firm will walk you through the process and help you determine the best option based on your circumstances.
United States Tax Court
The United States Tax Court has limited jurisdiction. This limitation means a taxpayer may only petition and have the ability to present a case before the court on specific occurrences. Congress granted these occurrences statutorily. Thus, timing remains extremely important for any (tax-payer) hoping to get before the court. Please call The McGuire Law Firm to set up an appointment today. A tax attorney can help you determine if you have the right go to tax court, and if so, draft the documents to protect your rights and facilitate your representation before the IRS appeals and chief counsel, if necessary.
An Individual may request an installment agreement, or a plan to pay the full liability in monthly installments over a period of time. The IRS has various options available whereby an individual does not need to provide financial information if he/she fits within specifically identified rubric. A tax lawyer at The McGuire Law Firm will help you determine if you qualify for such a program. Otherwise the individual must provide financial information. This information helps the IRS determine a “fair” payment amount. Without representation you may end up paying more than you can afford.
Once an individual or business enters into an installment agreement, the IRS may not levy, seize or garnish any assets or income if the individual or business makes all payments, files all tax returns, and pays all taxes on a timely basis.
Offer in Compromise
An individual makes an Offer in Compromise by presenting the IRS with an amount of money to settle the tax debt. An experienced tax attorney at The McGuire Law Firm has presented many successful offer in compromises to the IRS and can do so to resolve your IRS tax debt.
Collection Due Process Hearing
Congress created a right to protect individuals and businesses prior to IRS collection action in the Collection Due Process hearing program. The IRS must send a series of notices prior to an individual or business receiving the right to this hearing. The applicable taxpayer then has 30 days to request the hearing after the IRS issues the notice that triggers this specific right.
If the IRS notifies an individual or business of a tax lien, it must send a similar notice within five (5) days of the filing. The taxpayer then has 30 days to file the hearing request. The individual or business will present a plan at the hearing to resolve the outstanding liability.
Currently Non Collectable
The IRS created currently not collectible status based on public policy. If the individual must choose between paying rent or buying food, and paying the IRS, the IRS prefers that the individual pay his or her living expenses. The individual must, however, complete an IRS financial form to evidence such financial hardship.
To speak with a Denver tax attorney, contact The McGuire Law Firm. We offer a free consultation to all potential clients and payment plans on fees.