Showing 13-24 of 30 results
OIC 113: Form 656, Offer in Compromise
Form 656, Offer in Compromise. An Offer in Compromise is an agreement between a taxpayer and the IRS that settles a tax liability for payment of less than the full amount owed. IRM § 5.8.1.2.1 (09-23-2008); Adamowicz v. US, 08-888C, Pg. 5 (D.C. Ct. Fed. Cl. 11/21/2011) (Offer in Compromise) and 26…
OIC 114: Form 433-A (OIC): Collection Information Statement – Individuals
Form 433-A (OIC): Collection Information Statement for Wage Earners and Self-Employed Individuals. Form 433 must be included with the Offer in Compromise application packet when the grounds for compromise are based on doubt as to collectibility or effective tax administration. No Form 433 is required for an offer to compromise based…
OIC 115: Form 433-B (OIC): Collection Information Statement – Businesses
Form 433-B (OIC): Collection Information Statement for Businesses. Form 433-B (OIC), Collection Information Statement for Businesses must be included with certain Offer in Compromise application packets when the grounds for compromise are based on doubt as to collectibility or effective tax administration. No Form 433-B (OIC) is required for an…
OIC 116: Collateral Agreements
Collateral Agreements. Treasury regulation 26 C.F.R. § 301.7122-1(e)(2) states: “As additional consideration for the acceptance of an offer to compromise, the IRS may request that taxpayer enter into any collateral agreement or post any security which is deemed necessary for the protection of the interests of the United States.” 26…
OIC 117: Taxpayer’s Obligations During Offer Investigation
Taxpayer’s Obligations During Offer Investigation. The IRS spends many months investigating a “processable” Offer In Compromise application. So, a taxpayer must be patient while the offer is pending. Patience does not mean inaction. A taxpayer has obligations that must be satisfied during the IRS offer investigation. https://youtu.be/cUswCOppi4w
OIC 118: Terminating a Pending Offer
IRS Terminating a Pending Offer. An Offer in Compromise application can be “terminated” while the IRS is considering the application. A “termination” is defined as a closing of the Offer in Compromise application review process due to the death of the taxpayer. IRM § 5.8.7.1.6(1) (12-20-2018). The IRS must terminate its…
OIC 119: Withdrawing a Pending Offer
Taxpayer “Withdrawing” a Pending Offer. An Offer in Compromise application can be “withdrawn” by the taxpayer while the IRS is considering the application. The withdrawal of an application closes the Offer in Compromise application review process. There are two kinds of withdrawn offers: voluntary and mandatory. IRM § 5.8.7.4(1) (09-23-2008).…
OIC 120: Returning an Offer
IRS Returning the Offer. The IRS can “return” both a processable and an unprocessable Offer in Compromise application to a taxpayer without “accepting” or “rejecting” the offer. The IRS’s return of an application closes the Offer in Compromise application review process. A “return” is defined as a non-acceptance recommendation that…
OIC 121: Rejecting a Pending Offer
“Rejecting” a Pending Offer. The IRS can “reject” a processable Offer in Compromise application for many reasons. The IRS defines “reject” as a non-acceptance recommendation of any OIC offer that includes appellate rights. IRM § 5.8.7.1.6(1) (12-20-2018). The rejection of an application closes the Offer in Compromise application review process. …
OIC 122: Accepting a Pending Offer
“Accepting” a Pending Offer by the IRS. The decision whether to “accept” an offer to compromise is within the IRS’ discretion and must be based upon consideration of all the facts and circumstances. 26 C.F.R. § 301.7122-1(c)(1); Johnson v. Commission of Internal Revenue, 136 T.C. 475, 485 (2011); Christopher Cross, Inc.…
OIC 123: Taxpayer’s Duties Post-Acceptance
Taxpayer’s Duties Post-Acceptance. A Taxpayer has cause to celebrate the IRS’ decision to accept his/her offer to compromise the back-taxes. But the taxpayer must stay vigilant and in full compliance with all terms of the Form 656 offer terms for the 5-year period beginning with the date the offer was…
OIC 125: Tax Refunds
Tax Refunds. The IRS keeps any tax refund emanating from overpayment of any tax or other liability due through the calendar year the IRS accepts the taxpayer’s offer. Form 656, Section 7(e), https://www.irs.gov/pub/irs-pdf/f656b.pdf. The IRS will keep any refund, including interest, for tax periods extending through the calendar year that the IRS…