Tax Seminar #3 – December 3 2012

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The Rules of Engagement in Dealing with the IRS (See pages 65-72) 1. Never volunteer information, unless it is part of a strategy. 2. Never give materials to the IRS that y ou have not reviewed carefully (e.g. bank statements, paycheck stubs, etc.). 3. Assert yourself as appropriate. Learn how to say: “Please give me your full name and employee ID number.” "Please give me the name and telephone number of your manager." "Who is the Territory manager?" "What is your authority for that position?" "I want to take that issue to Fast Track Mediation" "Are you refusing to provide that information to me?" 4. Always ask for the full name and employee ID of the IRS representative. 5. Never Lie. Period. 6. Do not accept unreasonable time-lines. 7. Do not agree to terms that your client cannot meet. • Carefully review and understand your client's budget; and • Build in additional time, anticipate client delays. 8. Current <strong>Tax</strong>es Get Paid First! 9. Meet all commitments made to the IRS...or at least call. 10. Do not let Appeal Deadlines pass without preserving your client's rights. 11. Carefully read and fully understand all IRS communications. 12. Set ticklers and followup. Never just wait for the IRS to contact you. Know your case's status. 13. Confirm all examination computation through tax software. 14. Be realistic with your client. Promise less than you expect, deliver more than anticipated. 15. Confirm all oral agreements with the IRS in writing and request that they sign off. 16. When you win, say “thank you” and “goodbye”! 17. Pull transcripts and summarize them. (See page 54.) 18. Be fully prepared for all meetings....anticipate the unexpected. 19. Know your tools and rights (see previous page). 84
Alternatives in a Collection Matter I. Pay all that is due • Refinance home • Loans from family [Can still seek penalty abatement] • Liquidate assets II. Pay tax & interest only • Seek penalty abatement < Revenue Officer < <strong>Tax</strong>payer Advocate < Service Center < Telephone (note script) < Priority Practitioner Hotline Note: IRS “rule” to pay all tax prior to considering late payment penalty abatements. III. Uncollectible status • Reviewed periodically IV. Partial pay installment agreement V. Full-pay installment agreement • Streamlined: < $25,000 assessed Pay within 5 years or less No financial documentation required VI. Offer in Compromise VII. Special Considerations • Bankruptcy • Expiring Statutes • Innocent Spouse • Missing/Misapplied Payments • Transfer of assets for less than adequate consideration • Identity Theft 1. Up front consideration 2. Lien Filing or holding off thereon 3. Increasing payments with time 4. Date of Payment/Direct Debit Common Threads to Installment Agreements 5. Communicate to client in writing (see samples - pgs 40 through 45) 6. The role of Reasonable Collection Potential 85
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The Zicklin Tax Seminar Series Tax
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E. MARTIN DAVIDOFF & ASSOCIATES CER
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• Payments of more than 24 months
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Reduced Offers Examples: One of the
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2 If you have any questions, please
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FACTS OFFER IN COMPROMISE CASE STUD
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Form 433-A (OIC) (Rev. May 2012) Us
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Section 3 (Continued) Cash value of
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Section 5 Business Income and Expen
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Section 8 Other Information Page 7
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L:\EMD\433Case11:B Personal Liabili
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433CASE12.123 John & Jane Doe 08/17
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Form 656 (Rev. May 2012) Department
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Section 6 Designation of Down Payme
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Form 656 (Rev. May 2012) Department
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4. Filing of Tax Court Petition In
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Yogi Berra Estimated 2011 - 2012 Ca
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BY HAND IN OUR OFFICE Mr. and Mrs.
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Representing Clients Before the IRS
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Rules of Engagement in Dealing With
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Rules of Engagement: Dealing With I
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IRS Rules of Engagement: Under Prom
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Dealing with the IRS Regarding Coll
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IRS Announces New Effort to Help St
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Under New Rules, the IRS Will Now R
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Adjustments to IRS Lien Policies 15
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DIRECT DEBIT INSTALLMENT AGREEMENT
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LIEN HAS BEEN RELEASED 163
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617-316-2608 617-316-2606
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Online Payment Agreement Applicatio
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OUTDATED 171
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October 2011 Your Access to Free Cr
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FTC Facts For Consumers 3 access it
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FTC Facts For Consumers 5 or an unp
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Identity Theft 1. Example scenarios
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The Zicklin Tax Seminar Series IRS
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Notice and Demand of Tax Due • Th
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Unfiled Lien v. Filed Lien A filed
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Collection Appeal Rights Process
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IRS Appeals Can Also Help After the
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To Stop an IRS Levy • Resolve the
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How to File a CDP Request • Compl
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I. How Does A Tax Debt Arise? AGOST
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d G. 3 Notice - “Immediate Action
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3. If case is not assigned to the l
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payments. The only other asset is t
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(2) The Trust fund portion of the t
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Department of the Treasury - Intern
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Instructions for completing Form 91
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Collection Appeal Request (Instruct
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Request for a Collection Due Proces
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Information You Need To Know When R
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The Zicklin Tax Seminar Series IRS
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IRS Tax Collections: Liens and Levi
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Treasury Department Circular No. 23
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Table of Contents Paragraph 1. . .
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Paragraph 1. The authority citation
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of section 404(a) (2)), 404 (relati
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(1) The former employee applies for
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This notification must include the
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software, taxation, or ethics); and
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the matter within 60 days of the da
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otherwise prescribed in forms, inst
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Subpart B — Duties and Restrictio
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a rule with respect to that particu
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in writing by each affected client,
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(ii) Advise a client to take a posi
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(5) Marketed opinion — (i) Writte
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under paragraph (e) of this section
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their practice with the firm, that
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paragraph (a) of this section. (ii)
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§ 10.53 Receipt of information con
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as determined under section 6212 of
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and law in support. (2) Summary adj
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specifically provided for in this s
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§ 10.73 Evidence. § 10.74 Transcr
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the Secretary of the Treasury, or d
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to a conference and may be suspende
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Tax Seminar #3 – December 3 2012

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