Posts

Your Right To Notice and a Hearing Before the IRS

As taxpayer you have the right to notice and a hearing prior to the IRS enforcing collection of any tax due.  After the IRS has issued a series a notices, the IRS must issue a Final Notice of Intent to Levy and allow you 30 days to request a hearing, which is generally referred to as a Collection Due Process Hearing.  During this hearing you can provide information and a proposal to prevent enforcement action such as an installment agreement or an offer in compromise.  This is the due process afforded to you and can be very beneficial in resolving an issues with the Internal Revenue Service.  The video below has been prepared by a tax attorney to provide additional information regarding your right to a hearing.

If you have any questions or are experiencing problems with the IRS, you can speak with a tax attorney by contacting The McGuire Law Firm.  The McGuire Law Firm has offices in Denver, Golden, Broomfield and DTC where you can meet with a tax attorney.

When is a Collection Due Process Hearing Available?

A taxpayer has the right to a collection due process hearing with the Internal Revenue Service Appeals Office under certain circumstances.  This hearing can be very beneficial to a taxpayer in terms of preventing enforcement action such as a bank levy or wage garnishment and by a means to establish or propose an agreement with the IRS such as an installment agreement or offer in compromise.

The video below has been prepared to provide information as to when a taxpayer may be able to request a collection due process hearing.  If you are experiencing any issues with the IRS, you can speak with a tax attorney, by contacting The McGuire Law Firm.   As a tax attorney John McGuire has assisted many individual and business taxpayers before the IRS, including via collection due process hearings with the IRS Appeals Office.

Denver IRS Tax Attorney

IRS Form 12153

What is IRS Form 12153?  Form 12153 is used to request a Collection Due Process Hearing with the Internal Revenue Service.  If you owe taxes to the Internal Revenue Service, and the IRS issues a Final Notice of Intent to Levy, files a Notice of Federal Tax Lien or other circumstances exist, you may wish to request a Collection Due Process Hearing.  The article and video below have been prepared by a Denver tax attorney at The McGuire Law Firm and should be used for informational purposes only.  Please speak directly with a tax attorney or tax professional regarding your tax issues.

If the IRS has filed a Final Notice of Intent to Levy (Letter 1058) in regards to taxes you owe, you have the right to request a collection due process hearing.  Requesting this hearing is a right you have as a taxpayer and will act as a hold on enforcement if you make the request within 30 days of the issuance of the final notice of intent to levy.  If you do not request the hearing within 30 days, you can still have a hearing known as an equivalent hearing, but you are not guaranteed an automatic hold on enforcement as if you timely requested the collection due process hearing.  It is also important to note that the collection statute (the time the IRS has to legally enforce collection of the tax debt) does not run and is tolled once you file for the collection due process hearing and until the hearing is held a determination is made.

After you file for the hearing, you will eventually receive notice that the request has been received, and then you will receive a notice stating a hearing date with an IRS appeals officer.  An IRS appeals officer is supposed to be an impartial party and review the case in regards to whether the IRS has taken the correct steps and provided the taxpayer with due process, as well as consider collection alternatives such as an installment agreement or offer in compromise to resolve the tax debt.  Generally, the appeals hearing can be conducted via phone and you will forward certain information to the appeals officer prior to the hearing.  For example, if you owe 1040 individual income tax debts, and the hearing was set for October 15th, the appeals officer would likely request that you submit a Form 433A and a collection alternative proposal prior to the hearing and then such information and request would be discussed during the hearing.  Thus, you would submit Form 433A, along with the necessary attachments and a proposal such as an installment agreement, or you could submit the necessary documents for an offer in compromise.

A collection due process hearing is a valuable right you have as a taxpayer and can be used to your advantage when resolving a tax debt or other IRS tax problem.  Please contact The McGuire Law Firm to discuss your tax questions with an experienced Denver tax attorney.

Denver IRS Back Tax Help

What is a Collection Due Process Hearing?

A collection due process hearing is a hearing afforded to taxpayers with certain issues before the IRS.  This hearing may help in resolving a tax matter such as a tax debt, and provides due process to the taxpayer.  The video below has prepared by a Denver tax attorney at The McGuire Law Firm to provide information regarding a Collection Due Process Hearing with an IRS appeals officer.

 

You may contact The McGuire Law Firm to schedule a free consultation with a Denver tax attorney to discuss your tax questions, issues and matters, including IRS related problems.  The McGuire Law Firm has law offices in Denver and Golden Colorado.

IRS Form 12153 Discussed by Denver Tax Attorney

Form 12153 is an IRS Form of which a taxpayer can use to request a Collection Due Process Hearing (CDP Hearing).  A CDP Hearing can be used to propose alternative resolutions to an IRS tax debt as opposed to IRS enforcement action such as bank levies, wage garnishment and the seizure of assets.  The article below has been drafted by a tax attorney at The McGuire Law Firm to provide information regarding a CDP Hearing.  You can speak with a Denver tax attorney by contacting The McGuire Law Firm.

 

Contact The McGuire Law Firm to schedule your free consultation with a tax attorney in Denver, Colorado or Golden, Colorado.