This column was contributed by a association member.
The focus of my convenance is in accouterment taxpayers like you with the advice and blank all-important to get dness to circuitous tax and banking issues that you may be experiencing. We can be your adumbrative and accompaniment your case in Appeals aural the IRS to appear to a adjustment of an activity or agreement.
The Accumulating Due Action (CDP) audition gives the aborigine an absolute analysis to verify that the filing of a Apprehension of Federal Tax Lien (NFTL) and/or the arising of a Apprehension of the Intent to Burden adjoin them are adapted and warranted. The IRS is appropriate to accommodate a accounting apprehension that the aborigine has the appropriate to address and be heard through the CDP, and will accommodate Form 12153 “Request for Accumulating Due Action or Equivalent Hearing”.
There are some exceptions area the IRS is not appropriate to accomplish the pre-levy apprehension requirements.
The aborigine is accustomed the befalling for a CDP audition aural what is accounted as reasonable time afterwards the burden was received.
If the aborigine fails to address a CDP audition in a appropriate manner, all is not lost. A address can be fabricated for an Appeals Equivalent Audition (EH). Generally there is a one year aeon of time from the CDP date in which the address needs to be made. The EH address needs to be fabricated in autograph and if not done in a appropriate manner, it will be denied. The check to an EH is that the accommodation is final, and the aborigine will not acquire the befalling to address the accommodation as is accessible with the CDP decision.
When the aborigine requests a CDP hearing, the burden activity will cease for the time periods included in the CDP. This includes levies on accompaniment assets tax refunds, and is in affect from the CDP address through the Appeals period, and for any added activity that may booty abode in Tax Court. The burden activity is additionally abeyant during the time that the aborigine has a appropriate to a CDP hearing.
It is capital that the aborigine be in acquiescence contrarily there is annihilation Appeals can do. All missing allotment charge to be filed, and accepted taxes charge to be paid in appropriate manner. As with any accord with the IRS, it is of aboriginal and foremost accent to be able with all that is requested by the IRS and not leave annihilation out. It’s about actuality accessible with an acknowledgment and affidavit for any analysis from the Adjustment Officer.
The appeals appointment can be done in being or over the phone. Generally a buzz alarm is all that is bare to accurate and explain our angle and acumen in the case. But, if there are added circuitous issues area a face to face would accomplish for a bigger presentation of material, again a affair at a bounded IRS appointment can be requested.
Some bodies acquire a abhorrence of activity to Appeals, and will acquire whatever accommodation and appraisal is made. There is no acumen to acquire annihilation that you feel is not right, and you can attending at Appeals as your friend. It offers you addition adventitious to accompaniment your case, but this time it will be with a Adjustment Administrator who has added elbowroom to accomplish decisions and compromises that can aftereffect in a fair and candid band-aid for both sides.
If you acquire any questions apropos the CDP action in San Jose, CA feel chargeless to acquaintance me at (408) 627-8079 or email me at [email protected]
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