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Anonymous
Anonymous asked in Business & FinanceTaxesUnited States · 9 years ago

Advice for best course of action: IRS CSED, Payment Plan Without 433?

So heres the situation, I will attempt to include any details that are relevent, but I am nowhere close to a tax pro. My income includes service connected va compensation (which the irs either cant and/or wont touch), social security disability ( they have been levying the max 15% for a few years. I have a tax lien on credit, but I own no property/assets for them to get at. so, bottom line they are getting everything they can get.

I currently have an AUR Reassessment being processed for tax year 2006, which was initially reassessed in 2008 by AUR. I was a compulsive gambler most of my adult life, so almost all of tax liability is from gambling income. Like a dummy, I did not include it with the losses on sched A, but thats currently being (to the best of my knowledge) made right, and its my understanding that the tax liability (for that year) will be 0...although im not sure if ill be stuck with the past fees penalties interest, etc.

So...heres the bottom line questions...if everything "goes right" (im told 6 more weeks for processing), then my total tax liability SHOULD be less than 10K (including other years that arent in dispute).

Can I work out a payment plan without doing a 433? i dont want to send them 'every spare penny' as they would suggest if it wasnt absolutely necessary. here is a few other details:

- CSED of about 4k of it hits in april 2013...wait til then before trying to work it out?

- CSED of another 3k approx mid 2015...so im assuming that the '6 year rule' wouldnt apply since 2.5 years away.

Bottom line, as I said, is they are 'getting everything they can get'. i COULD just wait around until the CSED hits for the different years, but I am making the attempt to handle it responsibly and not take that route.

Thank you in advance!

4 Answers

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  • 9 years ago
    Favorite Answer

    You don't mention how much you owe and that makes a big difference. If it is under $25,000 and you can pay about 2% of it every month, IRS would let you have an installment agreement without much fuss if the statute of limitations was not so close (unless you have misread it because the statute of limitations for collection is 10 years from the date of the first bill.)

    If you were a normal compulsive gambler then you lost all your gains. You can still file an amended return and claim the losses as itemized deductions provided they are more than the standard deduction. This would make much of the assessment go away and maybe what you have paid will be enough to cover what's left.

    .

    Further, if your income is not enough to cover "basic living expenses" as defined using IRS allowable expense standards, your account can be classified currently not collectible and the levy on your Social Security income would be released. Statistically hardship exists in about 90% of the cases where IRS levies on Social Security. You just have to get on the phone and talk to them.

    Source(s): I am an enrolled agent, licensed by the Treasury Department to represent taxpayers the same as attorneys and CPAs. I specialize in representing taxpayers who owe a lot of back tax or unfiled returns. Your big mess is my ordinary day at the office. If you want additional help you can send email through my profile.
  • Anonymous
    5 years ago

    The IRS makes no guarantees on when a refund will be paid. If your tax return has been selected for review, they have essentially unlimited amount of time to proceed with the review, however if they have not requested additional information from you within 6 weeks of flagging your return for review then their internal policy requires that they release your return back to the processing queue for payment of any refund due to you. This process is largely automatic. The IRS has 45 days form the filing deadline or 60 days from the date that the return is filed, whichever is later, to send you your refund. If they miss that date, they will pay you interest on the amount due you at the same rate that they charge interest on late payments. That rate is currently 6% but can change quarterly. You cannot sue the IRS in the traditional sense. You can file in Tax Court if you have an issue of law to raise in the amount or method used to assess any tax that the IRS claims that you owe. The Tax Court generally does not consider claims for late payment, since the IRS already is committed to pay interest on late payments. You cannot sue ANY agency of the Federal government until you have followed the procedures of the Federal Tort Claims Act. Your ONLY claim here would be the unpaid interest on the amount that the IRS owes, but since they will pay that interest when they resolve your case if it's paid outside of the timeframes mentioned earlier, you have no claim under the FTCA. The issue on the actual tax due is not covered under the FTCA; it is solely an issue for the Tax Court as your first level of judicial review.

  • Bobbie
    Lv 7
    9 years ago

    collection statute expiration date (CSED)

    And you are also messing around and NOT getting your problem taken care of CORRECTLY as you should have been doing since the beginning for this purpose and time in your life.

    And YA is NOT the place that will be able to do this for you because this is your own problem that only you can take care of CORRECTLY at this time in your life so start dealing with the IRS NOW ASAP for this purpose and time in your life.

    Taxpayer Advocate Service

    http://www.irs.gov/advocate/

    Hope that you find the above enclosed information useful. 07/21/2012

  • tro
    Lv 7
    9 years ago

    completing the 433 A is not the form to apply for installment agreement

    it is a statement of your income and your living obligations

    since you have been paying on the old debts it would appear that IRS has found they can get the money out of you and very likely submitting the 433 A in hopes of becoming 'uncollectible' are probably slim and slimmer

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