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    HELP! IRS issues-long post

    Hope someone can tell me who I can call within the IRS that has authority to see EVERYTHING that has to do with a case. I can't get an answer from anyone.

    My client's identity (husband) was stolen. They found out about this when they received CP2000 letters for 2005 and 2006 stating they did not claim all their income. They received EIC and Add'l Child Tax credit for both years.
    Before coming to me with this issue, they hired an attorney (not a tax attorney) to help them. The attorney submitted all the documents (took about three letters from the IRS to get all the information submitted). The attorney filed paperwork for both years together.
    2006 case is closed with no change.
    2005 is a nightmare. Client came to me when the attorney got a notice of deficiency and attorney could not represent them in tax court. This was in May.
    My office contacted the AUR division and the agent specifically told us that the case was still open, don't file the appeal with the tax court, fax over the documents (again), and we should have a decision in 30-60 days.
    June client receives a 2645C letter confirming receipt of information.
    July IRS agent still says don't file with tax court, case is still under consideration.
    August 4 client receives a notice of Levy in the amount of $3499.75. Bank puts a hold on client's funds until August 25 (Monday).
    Since Aug. 7, I have made 16 phone calls starting with the AUR division and can not get an answer from anyone on the status or determination on this case. Every time I call I get a new agent, they tell me I have to call a different division (i.e. adjustments, collections, AUR) it is a huge run around.
    On Aug 22 (Friday), I called collections to make sure they were not going to withdraw any money from my clients account. The agent asked me to fax the documents to her and she would call me back. I faxed, she didn't call back. The agent was supposed to submit a levy release. You guessed it; on Monday the 25th the funds were withdrawn.
    On Monday I spent 2 1/2 hours on the phone. I started with collections, they told me they couldn't do anything they did their job and collected the money. She could not give me a name of an agent on this case. I asked for a manager and of course he wasn't available, left my name and number, no call back. I called National Taxpayers Advocate's office and they said they couldn't help because the case was closed when they took the money and they don't have the authority to reopen a case.
    So I went back to the original phone number in Holtsville for the AUR unit and got an agent and she agreed this case is a disaster. She gave me a direct number to the reconsideration unit (she is not suppose to give it out but took pity on me) because they actually closed this case on Aug. 6 with zero tax change, but the problem is that they did not adjust the credits back to the return (EIC and Add'l tax credit) and that is why it still shows my client owed $3499.75. She told me to call this direct number leave a message stating that these needed to be adjusted back.
    I left three messages between 8/25 and 8/27. 2 agents called me back, one said I needed to contact the adjustments dept. On 9/3 the other agent said this was a mixed entity case (corrected that notion) and gave me the name (finally) of the agent that made the original adjustment. Said he would leave a message with this agent and this agent would call me back. He could not give me the direct extension of this agent.
    I left 3 more messages for the agent on the case, no call back to date. In the mean time the taxpayer received another levy notice which I was told on 9/4 that this was a timing issue and to ignore it, yet the agent was going to send a levy release to the bank.
    Yesterday I spent 1 hour on the phone with the Practitioners AUR agent. She was no help as far as getting an update on the case, who is assigned to the case the only thing she could tell me was that is still open. She did say she is putting an urgent memo to the supervisor of the reconsideration unit and that I should fax a similar note to the same unit. I did that.
    So here is the dilemma, one agent tells me to call the reconsiderations unit one agent tells me to call the adjustments unit, I don't know where to turn. I am so frustrated. On top of it all, they are not recording my POA, I have to fax it every time I call in. Every agent tells me to fax it to the central recording unit, I tell them; I have-twice. One agent yesterday lectured me for 5 minutes about not filing my POA with the central unit, I wanted to punch her and I am not a violent woman.
    ANY SUGGESTIONS ARE APPRECIATED!!
    Noel
    "Some cause happiness wherever they go; others, whenever they go."- Oscar Wilde

    #2
    File Form 911

    File a Form 911. I have used these before and these get results.

    Call the Taxpayer Advocate Office again, get someone else to help!
    Jiggers, EA

    Comment


      #3
      My Two Cents

      1. Definitely file F 911 and definitely keep calling the Assistance Office as Jiggers suggested.

      2. Also keep calling and faxing the people IRS Agents have told you to call and fax.

      3. In the future if you get a Notice of Deficiency, priority one should be to make sure that you file with the tax court by the deadline unless you in the interim get notice in writing that the NOD has been withdrawn. That does not mean you break off talking to the IRS during this interim period. I know we all hate to do work that turns out not to be needed but consider it like selling the client home owner's insurance where the hope is that they will pay more in premiums than the policy pays out on their behalf.

      Comment


        #4
        I have found relatively better success dealing with the IRS in writing. I rarely use phone calls unless I am looking for information about status or clarification as to what they are showing in their records. Anyone else found the same?

        Comment


          #5
          About the only time I ever call them is to ask for more time to respond to a notice, usually with the client on the line on a conference call.

          Nothing replaces correspondence when dealing with the substance of an issue.
          "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

          Comment


            #6
            Phone vs Writing

            I usually respond in writing but there are two situations in which I have been successful calling. One was when I needed something I did not have such as copies of earlier correspondence or transcripts or return copies or simply an explanation of their position on the matter or what I needed to do to prove my position, (Frequently they will ask for something it would never have occurred to me to provide. For example when my parents ended 06 with open short positions the IRS tried in 08 to tax them on the proceeds and it turned out that in order to accept my position the IRS guy wanted a copy of the 07 Sch D with the relevant transactions highlighted. I would have thought he could obtain that at least as easily as I could but hey I didn't mind.) The other was when the facts of the situation were not in doubt and the IRS was going against something in its own publications. For example I have several times used one phone call to help clients whose EIC was being held up because someone was treating their Pension Rollover as investment income. I simply directed the person to the publication on EIC (Don't remember the Number atm) and the page and asked them to read aloud. The light bulb would come on in their heads and they would release the EIC.

            Comment


              #7
              Thank you all. I will follow your suggestions and keep you posted on the outcome of this fiasco.
              Noel
              "Some cause happiness wherever they go; others, whenever they go."- Oscar Wilde

              Comment

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