Author Archives: Kursti Nakagawa

Case In Point-Hiring A Qualified Professional To Handle Your Tax Settlement = A Good Investment

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Although the IRS has numerous programs to assist taxpayers in settling outstanding tax debts, deciding which option to use is not always an easy task. Very specific acceptance criteria must be met in order for an application for tax relief to have any chance of being accepted. In addition, the process of filing the initial paperwork and documentation and following up by submitting the required responses to communication from the IRS can be lengthy and challenging. During the time a tax settlement application is under consideration, interest and penalties can accrue. If the settlement offer is then rejected, not only has there been a waste of time and energy on the part of the taxpayer, but the actual amount of the tax debt may have increased making the taxpayer’s financial situation worse.

Below is the detail of an interesting IRS Tax Court case in which the IRS Appeals Office failed to grant a taxpayer’s request for tax debt relief. The case is interesting because it highlights a number of the potential filing problems described in the preceding paragraph. Susan Fay Mostafa, the taxpayer in question, neglected to verify that she met the acceptance criteria for the type of tax debt assistance she was requesting. Her initial error was then compounded when she failed to file a formal request for tax relief on the correct IRS form and then did not respond to several official IRS letters and notices in an appropriate and timely manner.

The Case of Susan Fay Mostafa

• She received an IRS Notice of Deficiency for $1377 for a 1996 tax return that had not been filed. The notice stated that she was also liable for a 25% failure to file penalty.
• Although she submitted a Tax Court petition to challenge the deficiency notice, she later received an IRS notice of Intent to Levy.
• She then challenged the proposed levy by requesting a hearing with the IRS Appeals Office.
• At the same time, she wrote a check to the IRS for $701 and wrote on the check that endorsing it would mean accepting the 1996 tax return as Paid in Full.
• Once the amount of the check was credited to her account, she spoke with the appeals officer several times indicating that she considered her case closed since the IRS had cashed her check.
• In spite of the payment and the subsequent communication, the IRS Tax Court ruled against her.
• After considering all of the trial evidence, the Court of Appeals argued that she had not followed the specific IRS procedures for submitting an Offer in Compromise and had not received either an IRS letter or an IRS notice indicating that such an offer had been accepted.

The Tax Court case outlined above clearly shows that the assistance of a qualified tax settlement specialist may be helpful when submitting an application for tax debt assistance to the IRS. Each year many taxpayers who truly meet the qualification criteria for specific IRS tax relief programs have their applications rejected for one or more of the following reasons:

• failure to meet the acceptance criteria for a selected settlement option
• failure to file a request for assistance using the correct IRS form(s)
• failure to complete the required IRS form(s)correctly
• failure to provide all of the necessary supporting documentation
• failure to conform to the IRS time constraints for submitting forms and documentation
• failure to respond to formal IRS letters and notices in an appropriate and timely manner

Susan Fay Mostafa made all of the above errors when she tried to resolve her tax debt situation without the assistance of a qualified tax specialist. When the IRS Tax Court denied her appeal, she was no better off than she had been when she submitted her initial Tax Court petition. Had she enlisted the help of a tax professional, it would have been that person’s job to adequately document her inability to pay the full amount of her tax debt. Following that, it would have been the specialist’s responsibility to submit the request for relief with the accompanying documentation, to respond to follow-up communication from the IRS in an appropriate and timely manner and to advocate for Ms. Mostafa before the United States Tax Court.

The bottom line is not to try to handle a complex tax settlement case alone. Hire the right professional to help you achieve tax debt relief. Visit www.professinoaltaxresolution.com for more information about tax settlement options and contact us today at (949)-596-4143 or info@protaxres.com to receive a free, no obligation consultation.

Consider Carrying Back a Net Operating Loss as a Tax Settlement Tool

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The Net Operating Loss Carry Back is a tax relief option that allows a taxpayer to reduce an existing tax liability by applying net operating losses for the current fiscal year against gains from previous years. In light of the recent economic downturn, is not uncommon for allowable deductions in any given year to exceed gross income, thus resulting in an operating loss. By the same token, it is a fairly common occurrence in the current economic environment for a taxpayer to have paid taxes on substantial net income in past years and yet have incurred financial losses for the current year. This is the set of financial circumstances for which the Net Operating Loss Carry Back provision was designed.

The Net Operating Loss Carry Back is dissimilar to several of the other tax settlement options offered by the IRS in that it is a tax relief alternative that is available to any taxpayer, regardless of their financial situation. Unlike the Offer in Compromise and the Partial Payment Installment Agreement, there are no specific qualifying criteria. Because of this difference, it is always advantageous to use the Net Operating Loss Carry Back option whenever the financial circumstances are such that there has been a financial loss in any given year following gains in previous years. In recognition of the current economic climate, the IRS has made the use of this carry back option even more attractive by instituting steps to accelerate the payment of any refunds generated by offsetting a prior year’s tax liability. For certain specific situations, the IRS has also extended the time period over which that loss can be offset.

Of course the use of Net Operating Loss Carry Back is subject to the same scrutiny as that of a regularly filed tax return. When this offset is requested, IRS will look carefully at the current year’s tax return together with returns that were filed during the carry back period. Great care should be exercised to make sure all of these returns have been filed correctly and any necessary amendments to previous returns have been submitted according to established IRS guidelines. As with any of the tax settlement options, enlisting the help of a qualified tax specialist to assist in this process might very well prove to be a worthwhile investment. Although the IRS has made changes to the Net Operating Loss Carry Back option in order better accommodate the needs of taxpayers in the current economic climate, it nevertheless has not compromised its existing requirements for thoroughness and accuracy.

Visit www.professionaltaxresolution.com for more information about customized tax debt relief assistance. With over 16 years of experience, we have a thorough understanding of tax law together with the experience to know which tax settlement option will best meet the specific needs of each of our clients. Contact us today at (949)-596-4143 or info@protaxres.com to receive a free, no obligation consultation.

Issues with tax debt? Check out the new Offer in Compromise guidelines.

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The break you’re in need of may be on its way if you’re struggling with back taxes. The Internal Revenue Service Commissioner announced an initiative to help taxpayers get a fresh start with their tax liabilities on February 24, 2011. One possible way of reducing your past tax liabilities and avoiding IRS tax liens is by applying for an Offer in Compromise (OIC).

An Offer in Compromise is an agreement made between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed. Perhaps you were considering an Offer in Compromise but were unsure if you’d qualify. Maybe an offer you submitted was previously rejected. Under the new initiative, the IRS is now offering an expanded Streamlined Offer in Compromise Program.

The newly expanded OIC program will now allow taxpayers with annual income of up to $100K.The new program also doubles the allowable tax liability from $25K to $50K. Offers in Compromise are subject to IRS approval and they will analyze your income and assets.  Another perk of the expanded Streamlined OIC Program is the IRS will be making fewer requests for additional financial information. They will also offer the option to provide information by phone rather than by mail. Lastly, they will give more flexibility when considering a taxpayer’s ability to pay.  With the flexibility of the new program, more taxpayers will be able to get a “fresh start” in regards to their tax debts. However, the IRS still urges individuals to be aware of promoters who advertise that IRS debts can be settled for “Pennies on the dollar.” These promoters often charge high fees with little to no results.

Even if you feel you may not qualify for this tax settlement option, talk to one of our licensed tax experts at Professional Tax Resolution today. There are other tax settlement options, and we are glad to discuss them with you.

2010 Electric Car Credit and Other Tax Incentives

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There are a variety of reasons why taxpayers might find themselves with a significant amount of tax debt. Many individuals have outstanding tax liabilities because they have failed to file income tax returns or report portions of their income. In other situations, taxpayers have filed their returns but have done so incorrectly or relied upon the services of unqualified tax preparers who have made filing errors. At Professional Tax Resolution, our services go beyond those of a traditional tax settlement firm. Our goal is to stop collection activity, resolve any existing tax debt issues, and then work with the client to ensure that a problem situation does not repeat itself.

The government provides various types of tax credits to stimulate demand for certain products and industries. Most recently the IRS and various states have encouraged home sales and the purchase of energy efficient vehicles and appliances through the use of tax credits. While these incentives can provide taxpayers with substantial tax advantages, they can have devastating effects if they are filed incorrectly. It is not uncommon for our firm to meet with a new client who has been in tax compliance in the past but is now faced with a tax debt that is due to the incorrect filing of a tax return or an error in the reporting of a tax credit. If a tax credit is filed incorrectly, the IRS typically will not identify the error and disallow the credit until a year, or possibly two, after the filing of the original tax return. By this time, various types of filing, payment and accuracy related penalties and interest have often been applied to the outstanding tax debt. These assessments can add up to amounts that taxpayers simply are unable to pay.

Last year the IRS published numerous news articles about the fraud and improper filing of the $8,000 First-Time Homebuyer Credit. This year it is publishing similar articles about the misunderstanding and fraud related to the $7,500 electric drive motor vehicle credit. While taxpayers should certainly take advantage of these potentially lucrative tax incentives, they should also take care to make sure that they are in fact eligible for them and that they are properly filed.

Automobile companies are just beginning to mass market electric cars in response to increased consumer demand. This is at least partially a response to the lucrative tax incentives being offered by the Federal Government. President Obama is pushing to have a million electric cars on the road by 2015 and tax incentives are a large part of the strategy designed to make that number a reality. At present a $7,500 tax credit is available to any consumer purchasing an electric drive motor vehicle and additional credits are being offered to anyone who converts an existing gasoline powered automobile to plug-in.

Although the tax breaks may be serving their purpose in increasing demand for electric vehicles, a Treasury Department review revealed that thousands of taxpayers have claimed the credits for vehicles that don’t qualify. In fact, estimates indicate that over 20% of approximately $160 million in electric car tax credits claimed for the first half of 2010 were claimed in error. In response to the Treasury Department’s findings, the Inspector General has made numerous recommendations for recovering the wrongfully-claimed credits and for improving the reporting methods so as to avoid false claims in the future. The IRS has concurred, saying that it has taken “aggressive steps” to safeguard against improper payments as well as to “recapture the credits people erroneously claimed.”

At Professional Tax Resolution, we have the knowledge and experience to ensure that all of our clients’ tax filings are submitted accurately and according to established IRS guidelines. If a tax debt situation already exists, our experienced CPA’s will take the time to thoroughly analyze it in order to bring about resolution using the best tax settlement option available. The bottom line is not to try to handle a complex tax settlement case alone.

Visit www.professionaltaxresolution.com for more information about tax settlement options or contact us today at (949)-596-4143 to receive a free, no obligation consultation.

FAQ about An Offer In Compromise

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What is an Offer in Compromise?
An Offer in Compromise is an agreement between a taxpayer and the Internal Revenue Service that settles a tax debt for less than the amount owed.

What do you do first?
A taxpayer submits an Offer in Compromise by completing two standardized forms and collecting all of the required supporting documentation. A check list identifying the necessary documentation is provided with the application.

Why should you take care to fill everything out correctly?
If an Offer in Compromise is not submitted according to the published IRS requirements and procedures, it can result in the delay or denial of the offer even if the taxpayer might otherwise qualify. The Offer in Compromise application must be submitted in writing, signed by the taxpayer (under penalty of perjury), and must contain all of the information required by the IRS. When the offer is submitted solely on the basis of doubt as to the taxpayer’s liability, there is no requirement to provide financial statements.

What happens after the offer has been submitted?
An Offer in Compromise attains a status of pending when it is accepted for processing by the IRS. As might be expected, the IRS generally will not accept an offer for processing if there is a related criminal case with the Department of Justice. Once submitted, if an offer does not contain all of the required information and documentation, the IRS will request that the taxpayer provide whatever is missing. If the requested information is not provided in a timely manner, the application may be returned. The IRS will deny an Offer in Compromise if it determines that the offer was submitted solely for the purpose of delaying collection of the tax debt.

What if you decide to withdraw your offer?
An Offer in Compromise may be withdrawn by the taxpayer at any time prior to acceptance of the offer by the IRS. It will be considered withdrawn upon the receipt by the IRS of written notification of the withdrawal. An official withdrawal of an Offer in Compromise may be made by personal delivery, certified mail, or upon issuance of a letter from the IRS confirming the taxpayer’s intent to withdraw the offer.

How will you know that your offer for tax settlement has been accepted?
An Offer in Compromise is considered accepted when the taxpayer or the taxpayer’s representative receives a written Notice of Acceptance from the IRS. As a condition of acceptance, the IRS may request that the taxpayer enter into a collateral agreement if it is deemed necessary for the protection of the interests of the United States. For instance, if the final payment on an accepted Offer in Compromise is contingent upon the simultaneous release of a tax lien, that payment must be made in accordance with the forms, instructions and procedures prescribed by the Secretary of the Treasury.

What is the end result?
Acceptance of an Offer in Compromise will settle the tax debt of the taxpayer (or taxpayers) designated on the application for the dollar amount specified in the offer. The acceptance of an Offer in Compromise for one taxpayer does settle the tax liability of any person not named in the offer.

Why should you consider hiring a tax professional?

The process of obtaining an Offer in Compromise can be difficult and time consuming. When it involves tax debts related to multiple years and/or multiple taxpayers and tax liens or tax levies, the process can be increasingly difficult. A qualified tax resolution specialist can be helpful, first, in determining if a taxpayer meets the acceptance criteria for an Offer in Compromise and, following that, in completing the application according to IRS specifications. A tax specialist will also have the knowledge to accurately calculate and document a taxpayer’s inability to pay the full amount of the tax debt so that the offer will have a reasonable chance of being accepted by the IRS.