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socrateaser
socrateaser, Lawyer
Category: Tax
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Experience:  Retired (mostly)
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I was also wondering, since you seem so knowledgeable I have

Resolved Question:

I was also wondering, since you seem so knowledgeable: I have heard that "as long as I am current on the payment plan with the IRS, the matter wont be sent to collections." I've heard this also means that, if I owe money, thats a problem. The issue I have is this: What is considered a breach of the payment plan by the IRS? Am I supposed to have all my taxes paid by 12/31? or can I have a sum due and then pay them all on 4/15? Not sure what they mean here and getting decent advice on this is impossible!!
Submitted: 3 years ago.
Category: Tax
Expert:  socrateaser replied 3 years ago.
Hi,

Once the IRS has accepted a payment plan, any violation of the agreement can result in an immediate default, followed by the commencement of collection proceedings and without further notice to the taxpayer. The IRS agent must determine if the taxpayer default places the agreement in jeopardy. If it does, then the agent may commence collection. See Internal Revenue Manual 5.14.11.1-3.

Assuming that the IRS agent does not determine that the agreement is in immediate jeopardy, then the IDRS computer system will send out a 30-day notice to comply. IRM 5.14.11.4

If you have any question about the expections under your payment plan, then you need to contact the IRS and ask for clarification, because the rules permit a fair amount of discretion as to whether or not to terminate the agreement and commence collection without notice.

Hope this helps.

Edited by socrateaser on 11/2/2010 at 4:38 AM EST
socrateaser, Lawyer
Category: Tax
Satisfied Customers: 33914
Experience: Retired (mostly)
socrateaser and 3 other Tax Specialists are ready to help you

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