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IRS revenue officer contacted me and told me my installment…

IRS revenue officer contacted...

IRS revenue officer contacted me and told me my installment agreement terminated in 2015, although I have faithfully been making payments since 2012. Originally, I was paying one amount, until irs sent official confirmation of the "correct payment to make. I made new payment for 3 months, contacted them to go back to original payment since my job terminated in 2014, including updated financials. I have never missed a payment. Now irs wants me to start over from scratch. Seems unfair. I have 30 days to get updated info to them.

Accountant's Assistant: The expert will know how to help. Is there anything else the expert should be aware of?

Yes, I do NOT recall getting this notice. Will be going through my file in preparation to address this curveball.

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7/24/2017
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
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Experience: 3+ decades of varied tax industry exp. Tax Biz owner
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Hello. Thank you for choosing this Q&A service for assistance. We appreciate your trust in us. My name is Angela. I will be assisting you.

The notice that the IRS is saying that they sent to you was likely a CP523 notice. This is the notice that informs the taxpayer of the IRS's intent to terminate the installment agreement. I know that you wrote that you don't recall receiving this notice. My suggestion to you is to schedule an appointment with your local IRS office and speak to a supervisor, not a regular representative. Present them with any documentation that you have relating to this matter. If you have documentation showing that you were in compliance with the payments, you should not have to start over. Information regarding the CP 523 notice can be found at the following link;

https://www.irs.gov/individuals/understanding-your-cp523-notice

If speaking to a supervisor does not rectify the matter. You can request an appeal. SEE BELOW:

Appeals of Defaulted and Terminated Agreements

REFERENCE SOURCE:

https://www.irs.gov/irm/part5/irm_05-014-011.html#d0e459

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Let me know if I can be of further assistance to you regarding this matter. If I have addressed your issue(s), I ask that you please take the time to scroll to the top of the page and select 3 or more stars to positively rate my response so that I can receive credit for assisting you. Thank you in advance.

  1. Taxpayers may request a Collection Appeals Program (CAP) hearing with Appeals for both:

    • proposed terminations (also known as "defaults" ) of installment agreements and

    • actual terminations of installment agreements.

    The right to this type of appeal is provided in Notice CP 523 and Letter 2975(DO). Taxpayers who request an appeal will follow the instructions in IRM 5.1.9.4.2, "Request for a CAP Appeal." No levy action may be taken on the periods included in the agreement, during the time period when taxpayers may appeal defaulted and terminated agreements. See IRM 5.1.9.4 Collection Appeal Rightsand IRM 5.14.9.8 on the "Collection Appeals Program."

  2. The right to appeal a termination of an installment agreement is provided by law. Therefore, the taxpayer has 30 days from the date of proposed termination (default) of the installment agreement (Letter 2975(DO)/CP 523) to submit Form 9423, “Collection Appeal Request.” Once the agreement is terminated, the taxpayer has an additional 30 days to submit Form 9423, “Collection Appeal Request.” If a CAP hearing is requested prior to termination, the taxpayer may not appeal the decision again once the termination takes effect. Also, 15 days is allowed for mailing time.

  3. Taxpayers need to be advised of the requirements and time frames for requesting CAP hearings for defaults or terminations.

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Customer reply replied 6 months ago
My apologies for the delay in responding back. Could you clarify on the terminated agreement that I can appeal even though more than 30 days
(actually it is years later that I am receiving notice) have passed since the termination notice was issued?

Hello again. A terminated agreement is one that the IRS or the taxpayer has discontinued. As far as appealing, as you mentioned, it has been well over 30 days. It is likely that you will not be able to appeal the decision. As so much time has passed, my suggestion is to try to see the help of a Taxpayer Advocate if you qualify or a Tax Attorney to assist you. For more information on the Tax Advocate service, refer to the following;

https://taxpayeradvocate.irs.gov/contact-us

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Customer reply replied 6 months ago
Written response is fine.

My apologies, I don't know what you mean by...written response is fine. Please clarify.

Tax.appeal.168
Tax.appeal.168, Tax Accountant
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Experience: 3+ decades of varied tax industry exp. Tax Biz owner
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Customer reply replied 6 months ago
I was asked if I wanted to "switch to a live phone call" for $52 and declined offer.
Customer reply replied 6 months ago
Just got your response re Taxpayer Advocate and will pursue. I appreciate your help and patience.

Thank you for the positive rating. I do appreciate it. I hope that the Taxpayer Advocate will be able to assist you as well.

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