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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37971
Experience:  Retired (mostly)
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Irs is requesting I request a motion to one month extension

Customer Question

Irs is requesting I request a motion to one month extension to the appeals case I have on my 2012 + 2013 force filings due to delinquent tax-filings.
Court-date is a month away, and they IRS think they dont have enough time to review and do computations done by my Cpa.
Need an advice whether it would be advantageous for me to extend one month vs. having to possibly make multiple court-appearances or not.
What would the position and precedances on such typical delinquent case of tax-filings (thinking he was getting refunds)
Submitted: 7 months ago.
Category: Legal
Expert:  socrateaser replied 7 months ago.
Hello, There is no advantage whatsoever to your giving the IRS more time, if you believe that your case is sound, because the longer you give the government, the more time they have to improve on their argument against you. Concerning your question on "position and precedances," the case of Leibold v. C.I.R., 2012 TC Memo 210 (2012) provides an extensive discussion of the process, standards of review, requirements of the IRS vis-a-vis the taxpayer. In particular, if you can place the IRS in the position of not having a credible analysis of your tax liability, then you win. See, Meeh v. Commissioner, T.C. Memo. 2009-180(Where the IRS' determination is "so permeated with errors and inconsistencies as to lack a sound basis in fact or law," the taxpayer must prevail). I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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