Wednesday, September 28, 2011

Notice Of Federal Tax Lien – Killer Guidance

Notice Of Federal Tax Lien – IRS Letter 3172

Letter 3172 will be sent to you when the Internal Revenue Service files a notice of federal tax lien for the tax that has not been paid by the taxpayer. If you are not in agreement with the content of the letter, then you can always send in your appeal within the period specified in the notice. You have thirty days from the date of the letter 3172 to file the appeal. What you are appealing is the lien. This is the IRS lien that is filed at the court house, and must be paid off prior to conveying title to your assets. This is not an appeal of the tax liability or collection action by the IRS collections employee.

When you look at the letter 3172, you will find information on how you can go about requesting the appeal. If you do not agree with the notice then it is important that you act immediately. Do not wait till the 30 days are almost up before sending your appeal. One appeal you may use is the ‘Request for A Collection Due Process Hearing’.

Many times, the recipient of the letter 3172 does not feel that they owe the money to the IRS. Please call us at 713-774-4467 and we will assist you with resolving your IRS situation.
If you do want to appeal the lien based on the fact that you do not owe the money in the first place, then you will need to convince the IRS re-open the issue. You could:
File an Offer in Compromise, based on Doubt as to Liability.

If the balance is from an audit, you can request Audit Reconsideration. It is important for you to remember to provide information not previously considered, with your Audit Reconsideration request.

Make payment for the balance outstanding in full, and then file a claim for refund. In case the IRS does not allow your claim, you can always appeal the claim decision.

The letter 3172 is generally sent to the address of the taxpayer by registered or certified mail.

The notice is going to include:
The tax balance that is due.
Provisions of IRC 6320.

Administrative appeals that the taxpayer can request for.

The right of the taxpayer to request a hearing within thirty days.

Getting professional help is always recommended. As an experienced CPA, with more than 25 years of IRS representation experience,I can tell you that many times, I thought the case would go my way based on what I believed were facts. I learned over the years that the IRS has their own way of interpreting information, regardless of what books I’ve read. Don’t fall for the same traps. I represent CPA’s and Attorneys too!

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