Tax Posturing When Submitting an Offer in Compromise

Tax Posturing When Submitting an Offer in Compromise

The rules of submitting and the processing a successful Offer in Compromise require an understanding of tax law, the Offer Process and the wisdom and discernment of motivation, tactical issues and perseverance. When working through these issue with the IRS it is best to diligently keep these ideas in front of both the client and the IRS to both manage expectations and to ensure a successful IRS experience/victory. Below please find a sample letter that can be used to affect the process positively.

Internal Revenue Service
Smyrna, GA 30080-8500

Enclosures: Your IRS Letter Dated 9-02-09 and Summary of Contact

Dear Sir or Madam,

I am writing you in a good faith attempt to come to terms over the above taxpayers' present predicament and to work with the client to submit an Offer in Compromise on their behalf. I am willing/eager to supply you with any information that you might need in order to process the Offer. I am working with the client to get their tax filings and payments current ASAP. Please suspend all collection efforts while I work with the client to get their 2008 Income Tax Returns filed, to ensure that they are in compliance with all 2009 tax filings and payments, that they have qualify for an Offer in Compromise, Form 433A, Form 433B, and Form 656 no later than September 30, 2009.

It is my goal to help in their efforts to return to compliance. Since I have assumed the role as their financial advisor (they had no advisor previously), I have consulted with them, and in good faith I would like to make and Offer in Compromise for the taxpayers to pay as much of the balance of the tax liability as they possibly can, if indeed they do qualify.

Please note that I have advised the taxpayers that after the acceptance of their Offer that they must stay in compliance by keeping all of their filings and payments current for five years. They have further been advised that in the event they do no maintain the above that the previously accepted offer would be voided and the previously abated monies would be reinstated.

Please cease all collection efforts while this Offer is being considered for submission and I work with the client to get all of your filings and payments current.

Sincerely,John C. Dillard, CPA, PC, Partner in Charge

Representing yourself before the IRS is a recipe for disaster and is analogous to the saying that "He who represents himself has a fool for a client. As Believers we are called to surround ourselves with wise counsel and failing to do so will add folly, toil, and additional financial drain, helping our "financial ship" sink faster still. To learn more about IRS/Tax Representation Issues and an Offer in Compromise visit http://www.hiscpa.com/irs-representation.html

John Dillard is an Christian Speaker/Author and Certified Public Accountant. To See how he takes Christ along with him to work visit http://www.hiscpa.com/ and for his latest book Overcoming Life's 9/11's: Job's Journey visit http://www.john-dillard.com/
Dare to Attempt Something so Great for the Kingdom of God that it is doomed to failure, lest Christ be in it!