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Question

I am havng an issue with the IRS since 2002 and cannot get it solved. I am currently working with an accountant who is an ex- IRS agent after spending 4 years trying to do a payoff or an offer in compromise. They have now levied our wages. Where do I go? To a tax attorney for representation?

Submitted: 121 days and 15 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Posted by Marvin,EA 121 days and 15 hours ago.

Info Request

Hello and thank you for using Just Answer. Did the accountant enter you into an installment agreement with the IRS? Did the accountant give you a reason why the IRS levy your wages?

121 days and 15 hours ago.

Reply

We were in an nstallment agreement in 2004 before we had the accountant and had been accepted in 3 seperate OIC in which they kept our check of $150.00, but then told us that we did not have an OICthey turned it down. We were making payment the entire time to the IRS. But, since 2007 they will not even deal with us. The levy was not given to he accountant, or my husband, or myself, only his workplace. They say the reason is, no payment. To date, we have paid them $50,000.00 including tax refunds since 2004 and payments

Posted by Marvin,EA 121 days and 14 hours ago.

Answer

Let me give you the facts about Offers in Compromise. The IRS compromises tax liabilities in three circumstance:

 

1 Doubt as to liability - If there is a genuine dispute about the existence or amount of the tax due the IRS might compromises the tax liabilities. The taxpayer must included a detailed argument of their position on Form 656-L.

 

2 Doubt as to collectibility - The taxpayer cannot pay the full amount due and meet basic living expenses. An acceptable offer must be the maximum amount the taxpayer can pay after allowance for basic living expenses, calculated as follows:

 

Realizable value of the taxpayer's assets (80% of fair market value)

Plus future income

Less allowance for basic living expenses

 

3 Effective tax administration - Collection would create a significant economic hardship or exceptional circumstances make collection unfair or inequitable.

 

You can stop the wage levy by entering into an installment agreement. Call the Taxpayer Advocate Help Line at XXX-XXX-XXXX and tell the agent that the wage levy has created a significant economic hardship and you would like to enter into an installment agreement to pay the taxes due.

 

 

 

121 days and 14 hours ago.

Reply

Have tried all of this. I have become 78% disabled snce ths has occurred. No regard from the IRS. We have gone frome Sacramento to Oakland, to Ohio, to New York and back to Ohio. They will not listen to the tax advocate. They have made that clear to us. We do not have the funds to pay themand are ready to lose our house. They say to sellit and give them the funds from that and our vehicles. In addition, everyone of my 4 children, 2 who are in Iraq and my other 2 children and parents have been audited in the last 2 years.

Accepted Answer

Base on this additional information it may be in your best interest to hire a tax attorney. Tax attorney can be very expensive. Some charge up to $500 per hour. Why not try taking to an Enrolled Agent first in your area. You can find an EA in your area by going to the NAEA web site at www.naea.org and clicking on the "find an enrolled Agent".

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Expert: Marvin,EA
Pos. Feedback: 98.5 %
Accepts: 
Answered: 7/24/2009

Enrolled Agent

10 years self employed , Income Tax Preparation & Representation

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