Announcement

Collapse
No announcement yet.

Effective Tax Administration

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • taxea
    replied
    I found a possible answer in Pub 556

    Leave a comment:


  • JohnH
    replied
    Originally posted by taxea View Post
    They do have a deadline...it is 45 days and they keep sending letters saying they have not finished their assessment, or whatever, and will be taking another 45 days. This goes on and on. I think the interest should stop until their decision is made on the case.

    I definitely am going to try this and will let you all know what the result is. I know it is supposed to be used with OIC when applicable, however, why not when they don't meet their own standards/code requirements in other areas.
    I suppose one could call that a deadline.
    They have a deadlline to send a letter.

    But this is an interesting argument. I think they are going to trot out the old "interest is statutory" excuse, but you might have some limited success with penalty abatement. It will be interesting to hear what you find out.

    Leave a comment:


  • taxea
    replied
    Originally posted by JohnH View Post
    The only problem would be how the IRS might respond in the future if they were placed under some sort of deadline. They might just routinely deny everything in order to get the paperwork out the door.

    More or less how I respond to a salesperson who's trying to pressure me to make a decision on the spot. I generally tell them "IF you absolutely must have an answer right now, then my answer is NO!"
    They do have a deadline...it is 45 days and they keep sending letters saying they have not finished their assessment, or whatever, and will be taking another 45 days. This goes on and on. I think the interest should stop until their decision is made on the case.

    I definitely am going to try this and will let you all know what the result is. I know it is supposed to be used with OIC when applicable, however, why not when they don't meet their own standards/code requirements in other areas.

    Leave a comment:


  • JohnH
    replied
    The only problem would be how the IRS might respond in the future if they were placed under some sort of deadline. They might just routinely deny everything in order to get the paperwork out the door.

    More or less how I respond to a salesperson who's trying to pressure me to make a decision on the spot. I generally tell them "IF you absolutely must have an answer right now, then my answer is NO!"

    Leave a comment:


  • TAXNJ
    replied
    Great

    Originally posted by taxea View Post
    My point exactly. If it can be used in OIC then why can't we start using it to have penalties and interest waived when the IRS delays over and over again.
    Let us know how you succeed and thanks for setting a precedent.

    Something Congress can use ("Effective Tax Administration") as their position to get information they require and have not been getting.

    Leave a comment:


  • taxea
    replied
    My point exactly. If it can be used in OIC then why can't we start using it to have penalties and interest waived when the IRS delays over and over again.

    Leave a comment:


  • TAX4US
    replied
    I think in my case where IRS sent letter saying they would respond in 45 days and now we are 6 months later and still no response. I think wouldn't this give credit to have P&I reduced or even abated?

    Leave a comment:


  • TAXNJ
    replied
    Nyea - WHERE MISSING?

    NYEA posts “The regulations for §7122 provide for effective tax administration in consideration of offers-in-compromise. “

    Also, looked at IRM 5.8.11

    But, where would it apply to Original Post question, “due to the IRS decision delays I think we should be able to use the Effective Tax Administration reason to get penalty and interest waived.”


    Missing where it would apply to “due to the IRS decision delays…”

    Any Suggestion?

    Leave a comment:


  • New York Enrolled Agent
    replied
    The regulations for §7122 provide for effective tax administration in consideration of offers-in-compromise.

    Leave a comment:


  • TAXNJ
    replied
    Reasonable

    Originally posted by taxea View Post
    ​I am curious to know pros think of this idea:

    due to the IRS decision delays I think we should be able to use the Effective Tax Administration reason to get penalty and interest waived.

    What do you think?
    Sounds like a reasonable position. is there a IRS code section for "Effective Tax Administration"?

    Maybe basis of the position is the Commissioner's comments to Congress of limited funds to do their work.

    Worth a try and interested in IRS decision.

    Leave a comment:


  • taxea
    replied
    Really? 46 reviews and no one has an opinion on this?

    Leave a comment:


  • taxea
    started a topic Effective Tax Administration

    Effective Tax Administration

    ​I am curious to know pros think of this idea:

    due to the IRS decision delays I think we should be able to use the Effective Tax Administration reason to get penalty and interest waived.

    What do you think?
Working...
X