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Irs Offer in Compromise: Taxpayers
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In order to maximize the possibility that an Offer in Compromise is accepted by the IRS, it is important to work with a tax consultant who understands the intricacies of this negotiation process. It is more or an art than a science. Even issues completely outside of the control of a taxpayer can affect the IRS decision. Equity Search has handled thousands of Offers in Compromise with great success. They can help determine whether an Offer in Compromise is the best approach to solving a particular problem, and they know exactly how to present a case in order to maximize the chance that the offer will be accepted.
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As noted above, if an Offer in Compromise is rejected (after being deemed processable and investigated), the taxpayer has the right to an independent review by the IRS Appeals Office. The IRS Pattern Letter used to communicate the rejection of the offer explains that a review by the Appeals Office may be sought by filing a written protest within 30 days.25 New information presented with the protest will be evaluated initially by the offer examiner. This may result in the examiner agreeing to accept the offer. Usually... the protest and the case file are simply forwarded to the Appeals Office.
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For taxpayers that qualify, an Offer in Compromise is an excellent way to resolve a tax problem and get a fresh start with the IRS. However, the decision to make an Offer in Compromise is complicated and success depends on the proper application of knowledge, experience and attention to detail. If you have a problem with delinquent taxes, begin to solve your problem today by calling Fried & Rosefelt, P.A., at 301-656-4424, or completing the Contact Form on this website.
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If an Offer in Compromise is rejected by an Offer Specialist, the rejection can be appealed by filing a Written Protest with an IRS Appeals Officer, a type of administrative judge. Appeals Officers are more inclined to reach an accord with the Taxpayer on a disputed Offer in Compromise, since, by definition, if Appeals Officers never varied from the Offer Specialist´s position, there would be no need for Appeals Officers, right? Do not expect... that every appealed Offer will be successfully negotiated at the Appeals level. Some Appeals Officers can be quite dogmatic, but, in many cases, an accord can be reached.
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If the Offer in Compromise is based on the taxpayer’s inability to pay, the IRS will take into account the taxpayer’s income and the value of most of the taxpayer’s assets realized in a “quick” sale. To compute the value of the offer, you must take into consideration the IRS’ viewof what are the necessary costs of housing, transportation, food, clothing, childcare, and healthcare. Avantri Law has access to the statutes, cases, IRS rulings, and internal revenuemanuals that the IRS uses in analyzing offers.
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An offer in compromise (OIC) is an agreement between a taxpayer and the Internal Revenue Service (IRS) that resolves the taxpayer's tax liability. The IRS has the authority to settle, or compromise, federal tax liabilities by accepting less than full payment under certain circumstances. The IRS may legally compromise if the taxpayer establishes to the satisfaction of the IRS that the taxpayer either: has no means of paying the tax, or does not actually owe the tax.
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