Thomas Reed, P.C. Certified Public Accountants   
9025 E. Kenyon Ave. Suite L2 Denver, CO 80237   
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IRS SURVIVAL - UNCLEAR INFORMATION FROM IRS
National Taxpayers Union Foundation December 2003/January 2004

A recent court case involving a Colorado couple illustrates the risk sometimes involved in calling the IRS on the telephone.  The taxpayer called the tax agency and after a conversation, he believed that he entered into an "Offer in Compromise" agreement under which he would be required to pay a total amount that was less than he owed.

Under the deal the taxpayer thought he made, he would make 36 payments and then owe nothing more.  The IRS contended that that the taxpayer entered into an installment agreement, not an Offer in Compromise.

According to the IRS, amounts that were accrued but unassessed at the time of the first phone call, such as interest and penalties, would not be covered by the installment payments, and would be due even after all of the installment payments had been made.

 

 

The Tax Court noted the taxpayers did not submit a written Offer in Compromise to the IRS.  They also did not have a written acceptance of the purported agreement with the IRS.
"Without satisfaction of these procedural elements," the Court stated, "we cannot find that a compromise was made."

The court also said the IRS employee the taxpayer spoke with did not have the authority to compromise the taxpayer's liabilities.

"It is the responsibility of the person entering into an agreement with an employee of IRS to ascertain that the employee stays within the bounds of her authority," the Court stated. "A compromise agreement made by an employee lacking the requisite authority is not binding."
The Court did find that the IRS employee misinformed the taxpayer and, for that reason, a portion of the total interest on the principal amount should be abated.
(Harbaugh, TC Memo. 2003-316)

Commentary:

The taxpayer really won nothing here but a little interest abatement.  Think about the cost incurred to go to tax court. The taxpayer should have sought professional help to prepare and file a proper written offer. 

 

 

  

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