Getting the IRS to Pay Your Attorney’s Fees

Houston Tax Attorney

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The IRS is required to pay a taxpayers attorney’s fees for defending unsupportable positions. This can even include attorney’s fees when the matter is settled administratively before court. But the IRS is not required to pay attorney’s fees if the IRS’s position is substantially justified. The Bontranger v. Commissioner, T.C. Memo. 2019-45, helps clarify how […]

Designating Proceeds from Sale of Property Subject to IRS Lien

Houston Tax Attorney

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If a taxpayer wants to sell property subject to an IRS lien and the IRS agrees to allow the sale, can the taxpayer designate what tax period the proceeds paid to the IRS from the sale are to be applied? The IRS attorneys address this in CCA 201916009. Facts in CCA 201916009 In CCA 201916009, […]

The Limits of the IRS’s Levy

Houston Tax Attorney

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If the IRS issued a levy notice to a third party to attempt to collect a tax debt, the third party is generally obligated to pay over to the IRS any money owed to the taxpayer. But how long does this obligation continue? Does it apply to future payments that the third party becomes indebted […]

IRS Can Use Probate Process to Extend Collection Period

Houston Tax Attorney

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When a loved one dies, the person who serves as the personal representative is tasked with wrapping up the decedent’s affairs and paying known creditors.  But what if one of the creditors is the IRS?  Can the probate process extinguish unpaid IRS taxes?  The recent United States v. Chicorel, No. 17-2321 (6th Cir. 2018) provides an […]

IRS Can Collect from Property Purchased in Corporation

Houston Tax Attorney

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Can a taxpayer put property beyond the IRS’s reach by purchasing the property in the name of a corporation or a third party?  The answer is typically “no.”  The recent Arlin Geophysical Co. v. United States, No. 2:08-cv-00414-DN-EJF (C.D. Utah 2018) provides an example. Facts & Procedural History The court case involves an individual who […]

Family Member’s Mortgage Filing May Trump IRS Lien

Houston Tax Attorney

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If a child owes unpaid taxes to the IRS, can the parent file a lien against the child’s property to prevent the IRS from levying on the property?  The court considered this in United States v. Allahyari, No. C17-668 TSZ (W.D. Wash. 2018). The Facts & Procedural History Upon graduating from law school in the early […]

Agreeing to an IRS Real Estate Foreclosure Sale

Houston Tax Attorney

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Can you ask the IRS to take real estate to satisfy your unpaid tax liability?  The answer is “yes,” but it usually not the best option.  The recent order in United States v. Leroy, No. 2:18-cv-01777-MCE-DB (E.D. Cali. 2018) provides an example of this. The Facts & Procedural History Ms. Leroy owed $177,653.70 in unpaid taxes […]

Dormant IRS Levy Precludes Wrongful Levy Suit, IRS Wins

Houston Tax Attorney

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What happens if the IRS issues a levy to someone who does not owe taxes to the IRS, but the IRS does not receive anything from the levy.  The levy sits dormant for several years.  Everything is good, right?  But then the third party pays the IRS.  Can the person’s right to challenge the levy […]

The Last Filed Rule Overruled? IRS Collections Now Uncertain

Houston Tax Attorney

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Taxpayers will often file tax returns that do not report all of their allowable deductions and credits, with the intent of going back and filing amended returns once they are able to determine the correct deductions and credits.  Can the IRS base its collection analysis on the originally-filed but incorrect tax returns?  The court recently […]

Avoiding an IRS Wage Levy by Change to Contractor Status

Houston Tax Attorney

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Can you avoid an IRS wage levy by having your employer change your status from that of an employee to a contractor?  The court addressed this in Hudiak vs. United States, No. MJG-11-1271 (D. Md. 2018) by ordering the taxpayer to make installment payments to the IRS despite the change in employment status. The Facts & […]