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Is it time for the Taxpayer Advocate?

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    Is it time for the Taxpayer Advocate?

    Last September, I took on a new client. He is a one-man-band S-Corp: owner, president, employee. When he first started up in 2008, he neglected to file his own W-2 and W-3, though he did file all the 941's, make all required payments, and pay tax on his wages. He works mostly out of the country, and he seems to have failed to respond to a lot of letters he received first from the SSA and then from the IRS. When he finally came to his senses, he turned the matter over to a previous preparer, who either didn't follow through or sent the information to the wrong location.

    My client is now being hit with a 3K civil penalty. When he came to me he had just received an 854C letter from CAWR denying a request he had made for abatement of the penalty. At the suggestion of the PPL people, I put together a fairly coherent request for reconsideration, putting the best possible light on things, and faxed it off to CAWR, along with copies of the missing W2 and W3. No response. With an appeal deadline looming, we sent off a formal appeal, again with copies of the W2 and W3. First response was a 2645C letter saying that they had not resolved the matter because they hadn't completed the necessary processing, followed a month later by the first of a long series of 2644C letters saying much the same thing.

    In February, client received a notice of intent to levy. I called PPL, and they put a 16-week hold on the levy. 16 weeks and three 2644C's later, I called back and was transferred to ACS, who applied a 30-day hold. 30 days and another 2644C brought us to this week, when ACS said that the case was "being actively worked," and extended the hold for another 30 days.

    I feel I am being taken for a ride and am not doing a very good job of representing my client, but I really don't know what to do next, other than wait it out. Has anyone else dealt with this sort of thing? I am beginning to wonder whether it might be time to go to the Taxpayer Advocate.
    Evan Appelman, EA

    #2
    Tpa

    I have found that they will not get involved if the case is still being worked on and there is no danger of a levy at this time.Every thing lately is taking months.I think they have a big help problem.

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      #3
      I agree

      Sometimes at seminars a representative from a local TA office will show up as a guest speaker.

      Last one I listened to said IRS had a 17% increase in enforcement personnel and a 10% decrease in taxpayer assistance personnel. Spokeslady said that the results of this fallout had wreaked havoc on the Taxpayer Advocate offices.

      Nina Olsen (goddess of all TAs) still files an annual report stating the obvious, but it apparently hasn't gotten results.

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        #4
        I would go ahead and contact the TAO. I had a case a few years ago in which the IRS disallowed a sales tax deduction. Receipts (there were many) mailed in three times. I was told it was being worked on to they never received it. I finally took it to the TAO. It was resolved in a month to the advantage of my client. Come to find out that the last paperwork I sent was thrown away! Apparently too much work.

        I know that was several years ago but they also helped me resolve another problem for a client back in April/May. To the bad for the client but I was able to prove to the client that the amount was owed.

        All they can say is no and you can go back later.

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          #5
          I agree with Geek. Penalties are frequently waived because they are meant for those who intentionally attempt to defraud.
          Believe nothing you have not personally researched and verified.

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