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Generally, What Is Brotman Law’s Strategy in IRS Collection Cases?

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Key Takeaways

  • Topic: Generally, What Is Brotman Law’s Strategy in IRS Collection Cases?
  • Generally, what I tell my clients is “throw whatever the IRS wants out the window and let us focus on you and your situation.
  • There is a certain amount that you are going to need to provide for yourself, to provide for your family, and to live the life that you’re accustomed to living.

Generally, what I tell my clients is “throw whatever the IRS wants out the window and let us focus on you and your situation. There is a certain amount that you are going to need to provide for yourself, to provide for your family, and to live the life that you’re accustomed to living. And once we figure out a way to sustain that or sustain that as much as reasonably possible, then we can worry about massaging the IRS into the equation. Ultimately, IRS Collection cases come down to two basic decisions.

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Why Should I Hire Brotman Law to Defend Me in My IRS Collections Matter?

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The first reason I would give you is leadership. We have a lot of experience in dealing with the IRS, anything from a small payment plan to a complicated revenue officer matter with millions and millions of dollars in liability. We handle all aspects of collections, I am going through the offer and compromise process to negotiating an appeals to doing collections you process appeals, to even dragging things in the tax court when we have to. The fact of the matter is because of our range of experience we know the playing field and because we know the playing field we know how to protect our clients. Our firm takes a very client focused approach first. I understand that you need to provide for you and your family.

Key Takeaways

  • The first reason I would give you is leadership. We have a lot of experience in dealing with the IRS, anything from a small payment plan to a complicated revenue officer matter with millions and millions of dollars in liability.
  • I understand that you have basic needs. I understand that you are not willing to sacrifice the needs of your children in order to placate the government.

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Frequently Asked Questions About the IRS Collections Process

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If I owe money to the IRS, how do they look at credit cards? 

Key Takeaways

  • The IRS takes the position that they are not a bank, so if you owe tax debt they consider themselves to be the superior creditor. Anything that is an unsecured debt, including a credit card debt, the IRS considers itself to be more of a priority than that debt.
  • When negotiating an IRS payment plan, they will not allow you to write off your credit card expenses. This is a big shock for taxpayers because when going through income minus necessary expenses, a lot of people will list their credit card debt.
  • Just keep in mind that the credit card debt is not a saving grace. If you have a substantial amount of credit card debt and it is affecting your cash flow, you are going to want to speak with your attorney or qualified representative to help you.

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The Different Steps in the IRS Collections Process

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There is a lot of confusion among many of my clients about the IRS collections process and what actions the IRS is able to legally take against the taxpayer. People who owe see a series of increasingly threatening letters and I often get panicked phone calls from taxpayers who think that the IRS is going to take their house because of the $5,000 balance they have accumulated. 

Key Takeaways

  • There is a lot of confusion among many of my clients about the IRS collections process and what actions the IRS is able to legally take against the taxpayer.
  • To help soothe fears, I wanted to trace the lifecycle of a balance due to the IRS in order to better educate you on exactly how the IRS collections process works.
  • Generally, it takes approximately four weeks for the IRS to process a current tax return and eight weeks for the IRS to process a return for an older year. In some cases, however, there are a number of things that may cause a delay in a return being processed.

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Strategies for the IRS Automated Collection System

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Automated Collection Systems

Key Takeaways

  • Many taxpayers get frustrated when dealing with the IRS Automated Collection System (ACS). After what can be some long wait times, taxpayers are sometimes presented with seemingly inflexible options for resolving their balance due to the IRS.
  • While I do appreciate the business from prospective clients, I am sympathetic to their financial difficulties and encourage them to at least try to resolve their own tax issues before turning to professional assistance.
  • One of my favorite sayings is that you “win more flies with honey than with vinegar.” No truer is that statement than in my experience dealing with the IRS Automated Collection System.

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An Overview of Criminal Tax Matters

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Key Takeaways

  • If you believe that you are being investigated criminally by the IRS, you probably have a good sense as to why. Depending on how certain you are of this, you need to stop right now. You need to contact a criminal tax attorney to help you.
  • The IRS Criminal Investigation Division (CID) is exactly what it sounds like. It is the central investigative body charged with investigating and building cases against people who are charged with tax crimes.
  • The reality of the situation is the criminal investigation division is a very small but focused unit but with a very high conviction rate. Currently, when it comes    to tax crimes, the U.S. Attorney’s Office has a 90 percent conviction rate.

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The Complete Guide to IRS Penalties

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IRS Penalty Information

Key Takeaways

  • Total failure to file a tax return and pay all balances owed will result in the IRS charging an IRS penalty, which is usually “five percent of the tax owed for each month, or part of a month that your return is late, up to five months.
  • In addition, according to the Internal Revenue Manual, relief from IRS penalties falls under four categories, which include the following: 1) reasonable cause, 2) statutory exceptions, 3) administrative waivers, and 4) Correction of Service error (IRS.gov, “20.
  • An appeal may recommend abatement or non-assertion. When determining an IRS penalty, the IRS generally considers requests from third parties, “including requests from representatives without an authorized power of attorney.

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The Complete Guide to IRS Interest Abatements

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IRS Interest Abatements

Key Takeaways

  • You are required to file a return if you have earned income in the previous year. You are also required to pay all tax by the due date to avoid IRS interest and penalty charges. The official due date to file and pay taxes is April 15.
  • All U.S. tax returns are checked for mathematical accuracy. In the event that you owe money to the IRS, you will be sent a bill.
  • For example, there is an IRS interest charge on the unpaid tax. Unpaid tax is determined by the balance due from the date of the return to the date of payment (“Topic 653”).

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The Complete Guide to IRS Levies

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How to Deal With an IRS Bank Levy: Part One

Key Takeaways

  • When you owe a balance due to the IRS and fail to resolve that balance in a timely manner through one of the approved resolution methods, the IRS takes increasingly stern action to try and force compliance on your part.
  • An IRS levy is defined as, “a legal seizure of your property to satisfy a tax debt.
  • Sometimes this puts taxpayers in a precarious position because they count on funds being in these accounts that are no longer available due to the IRS levy.

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Brotman Law Featured in Inc. Magazine - Fastest Growing Law Firm in California