Is Homeless a Requirement for an IRS Payment Agreement?

Indifference. It is generally defined as “lack of interest, concern, or sympathy.” Those who are unfortunate enough to work with the government employees to resolve a case or matter often have a profound understanding of this term. This is true of just about every government function–be it local, state, or federal. When it comes to…

IRS Ignore Your Offer in Compromise? What’s Next?

The IRS offer in compromise program provides taxpayers with a remedy for settling back taxes.  It can provide taxpayers with a much-needed fresh start.  Congress has changed the rules for offers.  One change is that offers are deemed accepted if the IRS does not reject them within two years.  This raises the question as to…

Making Voluntary Payments to the IRS

For those who owe the IRS back taxes, the decision as to how to pay the IRS raises a number of concerns.  One such concern for those who owe taxes for several different tax years or several different types of taxes, is what year and tax account the payments are applied to.  Typically taxpayers get…

IRS Can Avoid Bankruptcy Collection Hold

One of the benefits of filing bankruptcy is that creditors are precluded from taking collection actions.  When a taxpayer who owes unpaid taxes to the IRS files bankruptcy, this collection hold applies to the IRS.  But what if the IRS could simply file a motion and avoid the collection hold?  This is exactly what happened…

Settling Unpaid Taxes With Sporadic or Seasonal Income

Sporadic or seasonal income can make it difficult to settle back taxes with the IRS.  For example, if you have a large one time payment that is not likely to continue, can the IRS consider this in evaluating how much you can pay the IRS?  The court addresses this in Margolis-Sellers v. Commissioner, T.C. Memo.…

Can a Tax Crime Sentence Impact the Sentence for a Related Crime?

If someone commits a financial crime and, at the same time, commits a tax crime, can the tax crime sentence be used to enhance the sentence for the financial crime?  The court addresses this in United States v. Smith, No. 18-3222 (8th Cir. 2019).  The answer may surprise you. Facts & Procedural History The defendant…

The Start of an IRS Audit: To Disclose or Not?

If a taxpayer submits an amended return at the start of an IRS audit, can they avoid penalties for doing so?  The rules allow large case taxpayers to make post-audit disclosures and avoid penalties. But what about smaller taxpayers?  Should they make disclosures to IRS auditors at the start of the audit process?  The Beigalski…