The information and strategies you need to deal with the IRS.
Named a "Best Tax Book" by Entrepreneur.com
The Internal Revenue Service is the taxpayer's nightmare, and for good reason -- a tax bill or other notice can come out of nowhere and wreak havoc on your life.
But now you can confront America's most intimidating government agency with confidence. Stand Up to the IRS reveals the tactics of the IRS and how to deal with them. This book even contains confidential forms used by IRS agents during collection interviews and audits.
Use Stand Up to the IRS to:
file a late return
work out a long-term payment plan
get a Taxpayer Assistance Order
settle your tax bill for pennies on the dollar
stop collection efforts
avoid property seizures
protect your assets
determine if bankruptcy offers a solution
learn what to say when you face an auditor
appeal the auditor's decision
The 9th edition is completely updated with the latest rules, regulations and tax numbers. It also shows you how to go to Tax Court, if needed
Inside the IRS: What You Need to Know About IRS Operations
Chances are you will have a problem with the taxman at least once in your lifetime. Nearly everyone faces an audit, receives a bill for back taxes or has some other serious problem with the IRS. If it's your turn, you need to understand how your adversary -- the IRS -- is organized. Later, when we cover specific tax situations, this knowledge will be a big help.
So, let's take a look at the Internal Revenue Service, or IRS.
The IRS's stated mission is to "Provide America's taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all."
A chart of the main IRS divisions appears a few pages ahead. Below are the divisions and offices you are most likely to encounter.
National. The IRS is a branch of the U.S. Treasury Department, with headquarters in Washington, D.C., and is ruled by a commissioner appointed by the president. About 1,900 folks work at the national office. The IRS brain is contained in the National Computer Center. The national IRS office sets tone and policy, while procedures -- especially audits and collections -- are left to the regional Service Centers and local offices.
The IRS is divided into four operating divisions, but only two concern most of us: the Wage and Investment division and the Small Business/Self-Employed division.
IRS campuses. IRS campuses (formerly called service centers) annually process over 200 million tax returns, about 50% business and 50% individual income tax returns. IRS campuses collect over one trillion dollars in tax payments each year from 125 million taxpayers and seven million organizations. Regional campuses are located in Andover, Atlanta, Austin, Cincinnati, Fresno, Holtsville, Kansas city, Memphis, Ogden and Philadelphia. They mail out tax notices: collection notices, or bills; tax return problem notices; and tax forms. Contacts with the IRS campuses are usually by mail or fax, or occasionally by telephone.
Tax Return Processing
From January to May, regional campuses operate around the clock, processing income tax returns, extension requests and tax payments. Many temporary workers are hired, trained on the job and paid little more than the minimum wage. IRS officials admit that many processing mistakes are caused by these seasonal employees.
First, machines open tax return envelopes and remove tax returns and checks. Human transcribers scan the returns for completeness and enter the key tax return data into a computer; the computer then checks for arithmetic accuracy. A second transcriber double checks the first transcriber's work-up by re-inputting the same information into the computer.
Magnetic tapes of tax return data are sent to the National Computer Center, where each return is computer scored for its "audit potential." About 10% of all individual (nonbusiness) income tax returns are selected by the National Computer Center for further review. These files are sent back to the Service Centers. There, IRS classifiers (human beings) weed out most of the 10% scored for audit, based on their opinion of the most problematic tax returns. So, roughly ½% of all individual tax returns filed are audited. (For more information on how returns are selected for audit, see Chapter 3.)
Automated Collection System, or ACS. This program communicates with taxpayers who owe the IRS. It is a highly computerized collection system staffed by personnel working by phone and mail. You may talk to an ACS person, but you will never meet one.
Synopsis
The information and strategies you need to deal with the IRS.
Named a "Best Tax Book" by Entrepreneur.com
Table of Contents
1. Inside the IRS: What You Need to Know About IRS Operations
IRS Inefficiency
Communicating With the IRS
Rules of the Game -- Tax Laws
Interpreting the Tax Code
Self-Assessment of Income Taxes
Winning the IRS Game
2. Filing Tax Returns: If You Haven't Filed and Other Concerns
How Long Must You Worry About Not Filing a Tax Return?
Consequences of Not Filing
It's Better to File Before the IRS Contacts You
What Will Happen When You File Late
Requesting an Extension to File
Filing a Return When You Can't Pay What You Owe
Filing a Tax Return When You Live Out of the US
Reducing the Chance of an Audit When Filing
Amending Tax Returns
A Word About "Aggressive" Tax Filing
3. Winning Your Audit
How Long Do I Have to Worry About an Audit?
Do I Have to Learn Tax Law to Win My Audit?
Audit Selection -- Why Me, O Lord?
When the IRS Increases Your Tax Bill Without an Audit
Types of IRS Audits
How an Auditor Approaches an Examination
Preparing for an Audit
Who Should Attend the Audit?
How to Act at an Audit
Finishing Audits
Serious Audit Problems
4. Appealing Your Audit Within the IRS
Pros and Cons of Appealing an Audit
How to Appeal an Audit
How the Appeals Office Works
Preparing for an Appeals Hearing
Meeting the Appeals Officer
Presenting a Case to an Appeals Officer
Negotiating a Settlement
Should You Hire a Tax Professional for Your Appeal?
If You Don't Settle on Appeal
5. Going to Tax Court: No Lawyer Necessary
Tax Court Facts
Small Tax Cases -- People's Court
Regular Tax Court Cases -- Over$50,000
Other Federal Courts -- Paying First Is Required
Bankruptcy Court
Appealing to Higher Courts
6. When You Owe the IRS: Keeping the Tax Collector at Bay
When You Can't Pay With Your Tax Return
Getting Time to Pay After the Tax Bill Comes
IRS Tax Billing Process
IRS Automated Collection System
Revenue Officers -- Front Line Collectors of the IRS
Offers in Compromise -- Settling Tax Bills for Pennies on the Dollar
Using the Bankruptcy Code to Stop the IRS
Protecting Your Assets From the IRS
Suspending Collection of Your Tax Bill
7. IRS Enforced Collection: Liens and Levies
Tax Liens
Tax Levies
Assets the IRS Can't or Won't Seize
Avoiding a Levy
Getting a Tax Levy Released
IRS Sales of Levied Assets
8. The Taxpayer Advocate: A Friend at the IRS
Who Qualifies for Help From a Taxpayer Advocate?
Contacting the Taxpayer Advocate Service
Emergency Help: Taxpayer Assistance Orders
9. Family, Friends, Heirs and the IRS
It's a Family Affair
Owning Property Jointly
Death and Taxes
10. Fraud and Tax Crimes: Do You Really Have to Worry?
How People Cheat on Their Taxes
If You Are Caught Cheating
IRS Criminal Investigations
If You Are Prosecuted
11. Small Businesses/Self-Employed: When IRS Trouble Comes
Self-Employed -- You're a Prime Audit Target
Employees or Independent Contractors?
Payroll Taxes -- IRS Dynamite
The Dreaded Trust Fund Recovery Penalty
Cash Transactions Over $10,000
12. Penalties and Interest
Penalties Added to Tax Bills
Interest on Tax Bills
Understanding Penalty and Interest Notices
Reducing or Eliminating Penalties and Interest
Designating Voluntary Tax Payments
13. Help Beyond the Book: Tax Professionals and Tax Information
14. When You Owe State Income Taxes
The IRS and State Taxing Authorities
Does Your State Have a Taxpayers' Bill of Rights?
State Time Limits to Assess and Collect Income Taxes
State Tax Collection Departments
State Tax Bills
When All Else Fails, Try Your Political Connections
15. The Taxpayers' Bill of Rights
16. The 25 Most Frequently Asked Questions
Glossary of Tax Terms
Index
Reviews
U.S. News & World Report...
"A hands-on guide to battling the IRS and coaxing favorable decisions from agency personnel."
Money Magazine...
"One of the best books on personal finance."
Entrepreneur.com...
"[One of] the best tax books for 2005."
About the Author
Frederick W. Daily is a tax attorney with over 35 years experience helping individuals and small business owners make smart tax decisions and stay out of trouble with the IRS. He has been featured as a tax expert on Good Morning America and NPR, and in publications across the country including Money Magazine, U.S. News & World Report, Newsweek, the New York Times, and the Chicago Tribune. He is the author of Stand Up to the IRS, Tax Savvy for Small Business and Surviving an IRS Tax Audit.