http://howardlevyirslawyer.com/blog Tue, 18 Nov 2008 02:16:06 +0000 http://backend.userland.com/rss092 en The IRS offer in compromise program has been promoted endlessly over the last several years. Turn on your television, open up the newspaper, or listen to the radio, and there it is.   My clients usually are very interested in the compromise program, but the first thing I do is set ... http://howardlevyirslawyer.com/blog/2008/11/17/how-many-offers-in-compromise-does-the-irs-really-accept/ Since I often help clients close out IRS audits when their records are lacking, I thought it was time to answer this question:  I recieved a letter to meet an auditor from the IRS to audit my 2005 - 2007 taxes. My house was broken into several times, and I don’t ... http://howardlevyirslawyer.com/blog/2008/11/09/what-do-i-do-if-i-am-audited-by-the-irs-but-my-recordkeeping-is-poor-or-my-records-are-lost/ When a bankruptcy is filed on the IRS, Section 362 of the Bankruptcy Code imposes what is called an "automatic stay" on collection activity by creditors, including the IRS.  The automatic stay requires the IRS to release any levys and to cease any further collection action. But what if a husband and wife ... http://howardlevyirslawyer.com/blog/2008/10/26/if-i-file-bankruptcy-on-the-irs-but-my-spouse-does-not-will-the-filing-stop-the-irs-to-both-of-us-or-only-me/ IRS Revenue Officers continue to become more aggressive in the field. Here is a new approach to look for: I had a recent case in which a Revenue Officer sent my client a notice stating that that there would be an interview at my client's house.  These meetings usually take place ... http://howardlevyirslawyer.com/blog/2008/10/18/can-the-irs-conduct-an-collection-interview-at-your-house-or-business/ In most cases, the IRS will require the past six years of unfiled tax returns for an account to be considered current.  This is a written directive of the IRS, found in IRS Policy Statement 5-133, "Delinquent Returns - Enforcement of Filing Requirements".   If the unfiled returns have a balance due, the ... http://howardlevyirslawyer.com/blog/2008/10/15/go-back-six-years-to-get-current-on-unfiled-returns/ I recently received a email question inquiring about how the IRS values retirement assets in an offer in compromise. If you do not have the right to access the retirement money, then neither does the IRS, and it is not included in the value of a compromise. In other words, the ... http://howardlevyirslawyer.com/blog/2008/10/12/how-does-the-irs-value-retirement-accounts-in-an-offer-in-compromise/ I have seen an increase in calls to my office from retirees who have received an IRS levy on their Social Security benefits.  In most every case, the levy (1) relates to conduct from self-employment when they were younger, and that conduct has long ago ended and (2) creates a ... http://howardlevyirslawyer.com/blog/2008/09/15/a-growing-problem-irs-levies-on-social-security-benefits-those-who-can-least-afford-it-get-it/ In the vast majority of cases, you will not lose any of your stuff to the IRS.  Most clothing and personal household belongings are beyond the scope of the IRS collection power.  Here's why: Section 6334(a)(1) of the Internal Revenue Code allows you to keep all of your clothing.  Bear in ... http://howardlevyirslawyer.com/blog/2008/09/09/can-the-irs-take-my-stuff/ In tough economic times, hard-working entrepreneurs protect their business by first paying the vendors, suppliers and employees that are necessary to operations, and delaying payment to the IRS.   This is because the vendors and employees are at the door, waiting for payment, and there can be no tomorrow without them. The ... http://howardlevyirslawyer.com/blog/2008/08/31/irs-steps-it-up-several-notches-on-pursuit-of-employment-taxes/ 1.     Be courteous and respectful.  You will get nowhere with an angry or condescending attitude, and will just give the IRS reason to come down harder on you.  When your head is in the mouth of the bear, say nice bear. 2.     Abide by deadlines, or call for more time if ... http://howardlevyirslawyer.com/blog/2008/08/19/5-things-to-always-do-when-talking-to-the-irs/