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…Continue readingIs Homeless a Requirement for an IRS Payment Agreement?
The IRS has a track record of halting collection actions when there is a disaster or other major event. As tax attorneys in Houston we saw this in the aftermath of the Hurricane Harvey storms. While a temporary stop to collections can be helpful, it can also cause other problems. If you owe back taxes…Continue readingThe IRS & the Covid-19 Slowdown
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…Continue readingIRS Ignore Your Offer in Compromise? What’s Next?
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…Continue readingMaking Voluntary Payments to the IRS
What do you do if you are being tried for a criminal tax charge and the court removes one of the jurors for saying that you should be found not guilty? What if the juror is removed by the court because the Holy Spirit told him that you were not guilty given the evidence presented? …Continue readingJuror in Tax Crime Case Removed for Religious Belief
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…Continue readingIRS Can Avoid Bankruptcy Collection Hold
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.…Continue readingSettling Unpaid Taxes With Sporadic or Seasonal Income
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…Continue readingCan a Tax Crime Sentence Impact the Sentence for a Related Crime?
Taxpayers have a limited time to file refund claims to recoup money from the IRS. The IRS provides tax forms to be used for making these requests. But what happens if the If the taxpayer does not use the forms the IRS provided and, instead, writes letters to the IRS? Can the letters count as…Continue readingDoes a Letter Sent to IRS Count as a Refund Claim?
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…Continue readingThe Start of an IRS Audit: To Disclose or Not?