Dealing with the IRS

• Chapter 0 - Overview
  • Course Goals
  • Introduction
  • Organization
  • Conclusion
• Chapter 1 - Assessment Process
  • Learning Objectives
  • Introduction
  • Assessment Generally
    • Summary Assessment
  • Deficiency Procedures
    • Asserting a Deficiency
    • Notice of Deficiency
  • Jeopardy and Termination Assessments
  • Claim for Refund
    • Statutory Requirements for Refund Claim
    • Full Payment Rule
    • Appeals Conference and Federal Court Suit
    • Effect on Taxpayer Remedies of IRC §6330
  • Assessment Statute of Limitations
    • Notice of Deficiency
    • Bankruptcy
  • Summary
  • Question
• Chapter 2 - Advising Delinquent Taxpayers
  • Learning Objectives
  • Introduction
  • Steps in Representation Process
    • Taxpayer Communications to Certified Public Accountants Privileged
    • Classifications of Taxpayer's Assessment Status
    • Power of Attorney
    • Collection Statute of Limitations
    • Obtaining a Transcript
    • Preliminary Contact with Collection Division Agent
    • Enjoining IRS from Collecting Delinquent Tax
    • Appeal Rights against Collection Actions
    • Taxpayer Interviews with the IRS
    • Practitioner Hot Lines
    • Significant Hardship
  • Penalties and Interest
    • Penalties
    • Interest on Underpayments
    • Interest Abatement
  • Summary
  • Form 12153
  • Form 9423
  • Question
• Chapter 3 - Offers in Compromise
  • Learning Objectives
  • Introduction
  • Offers in Compromise
    • An Historical Perspective
    • Features
    • The Internal Revenue Service Restructuring and Reform Act of 1998
  • Making the Offer
    • Form 656
    • User Fee
    • Establishing Amount and Terms of Payment
    • Collateral Agreements
    • Employment and Trust Fund Tax Liabilities
    • Consequences of Submitting an Offer
    • Processing the Offer
    • Offer Deemed Accepted If Not Rejected within Two Years
    • Consequences and Implications of Acceptance of Offer
    • Frivolous Tax Submissions
    • Opinion of IRS Chief Counsel
    • Current State of the Offer in Compromise Program
  • Summary
  • Case Study 3-1
    • Directions
    • Assume
  • Form 656
• Chapter 4 - Installment Agreements
  • Learning Objectives
  • Introduction
  • Setting Up the Agreement
  • Restrictions on Levy
    • Collection Limitation Period: Non-Liquidating Installment Agreements
    • Judicial Relief
    • Accrual of Interest and Penalties
    • Required Acceptance of Certain Agreements
    • Review of Rejected Proposed Installment Agreements
    • Financial Analysis
    • Necessary Expenses
    • Conditional Expenses
    • One-Year Relief Rule
    • Termination or Modification by IRS
    • Frivolous Tax Submissions
    • Direct Payment Arrangements
  • Summary
  • Case Study 4-1
    • Directions
    • Assume
    • Required
  • Forms 9465 and 433-A
  • National Standards: Food, Clothing, and Other Items
  • National Standards: Out-of-Pocket Health Care
  • Local Standards: Transportation
• Chapter 5 - Tax Liabilities and Bankruptcy
  • Learning Objectives
  • Introduction
  • Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
  • Types of Bankruptcies
    • Chapter 7
    • Chapters 11 and 13
  • Impact of the 2005 Act on Availability of Relief under the Bankruptcy Code
  • Discharge of Tax Liabilities in Bankruptcy
    • Priorities of Creditors' Claims
    • 2005 Act and the Tolling of Priority Time Periods
    • Discharge of Tax Debts and Priority of Creditors' Claims
    • Discharge in a Chapter 13 Bankruptcy and the 2005 Act
  • Federal Tax Liens and Bankruptcy
    • Federal Tax Liens: A Primer
    • Federal Tax Liens and Priority Secured Claims
    • Discharge and the Federal Tax Lien
  • Bankruptcy Exemptions
    • Homestead Exemptions
    • Retirement Savings and Education Plan Exemptions
    • Federal Tax Liens and Discharged Tax Liabilities
  • The Automatic Stay
    • The Automatic Stay and IRS Action
    • Effects of a Violation of the Automatic Stay
  • Preferences
  • Property of the Estate
  • The Bankruptcy Court as a Tax Forum
  • Income Tax Election under IRC § 1398(d)(2)
  • Case Study 5-1
    • Directions
    • Assume
    • Required
• Chapter 6 - The Trust Fund Recovery Penalty of IRC §6672
  • Learning Objectives
  • Introduction
  • Employment and Trust Fund Taxes
  • Crediting of Payment of Employment Taxes
  • Responsible Persons
    • Policy Statement P-5-60 of the IRM
    • Responsibility for General Financial Affairs
    • Corporate Officers
    • Third Parties
    • Willfulness
    • Responsibility for Different Functions
  • Penalties and Interest
    • Assessment Limitation Period
    • Deduction of Trust Fund Recovery Penalty Payments
    • Assessment and Appeal of IRC §6672 Penalty
  • Refund Claim
    • Refund Claim and Counterclaim
  • Repeat Offenders
    • Separate Accounting
    • Injunction
  • Designating Remittances
    • Voluntary vs. Involuntary Payment
    • Failing Businesses
    • Bankruptcy Preference Issues
    • Personal Liability for Corporate Debts
    • Allocation of Payments in Bankruptcy Cases
  • Contribution, Indemnification, and Abatement
    • Joint and Several Liability
    • Notice and Education
    • Abatement
  • Offers in Compromise and Installment Agreements
  • Summary
  • Questions
  • Form 4180
• Chapter 7 - The Collection Process: Federal Tax Lien, Levy, Seizure, and Sale
  • Learning Objectives
  • Introduction
  • Nature of Lien
    • General Tax Lien
    • Notice of Federal Tax Lien
    • Withdrawal of Notices of Federal Tax Lien
    • Appealing Filed Liens: Collection Due Process Rights
    • Priority of Filed Tax Liens
    • Conditions for Release, Discharge, or Subordination of NFTLs
    • Selling or Mortgaging Property Subject to Tax Lien
  • The Process of Levy and Seizure
    • Property in Possession of Third Parties
    • Information Assisting Levy and Seizure
    • The Mechanics of Levy and Seizure
  • Concurrent Interests
    • Joint Tenants and Tenants in Common
    • Tenancies by the Entirety
  • Sale of Taxpayer's Property
    • Notice and Sale Procedures
    • Request for Sale Following Seizure
    • Minimum Bid Price
    • Requirements of Sale
  • Post-Sale Procedures
    • Release of Levy
    • Proceeds from Sale
  • Limitations on Levy and Seizure Powers
    • Investigation of Status of Property
    • Exempt Property and Other Limitations on Levy Power
    • Release of Levies
  • Taxpayer Action Concerning Levies and Seizures - Collection Due Process Rights
    • Applying for Release
  • Taxpayer Action Concerning Sales
    • Minimum Bid Price
    • Setting Aside the Sale
  • Summary
  • Questions
• Chapter 8 - Strategies: Bankruptcy, Offer in Compromise, Installment Agreement - Which Is Best for Your Client?
  • Learning Objective
  • Introduction
  • Guidelines
    • Necessary Expenses
    • Conditional Expenses
  • Bankruptcy
    • Advantages
  • Offer in Compromise
    • Debtor Only Has Tax Liabilities
    • Disadvantges/Limitations
  • Installment Agreements
    • Benefit
• Chapter 9 - Practice before the Internal Revenue Service
  • Introduction
  • Overview of Standards of Tax Practice
  • AICPA Statements on Standards for Tax Services
  • Authority to Practice before the IRS
  • Duties and Restrictions Relating to Practice before the IRS
    • Definition of Practice before the IRS
    • Knowledge of Client's Omission
    • Diligence as to Accuracy
    • Prompt Disposition of Pending Matters
    • Assistance from or to Disbarred or Suspended Persons and Former Internal Revenue Service Employees
    • Practice by Former Government Employees, Their Partners and Associates
    • Notaries
    • Fees for Professional Services
    • Return of Clients' Records
    • Conflicts of Interest
    • Advertising and Solicitation
    • Negotiation of Taxpayer Checks
  • Standards for Advising on Tax Return Positions and for Preparing or Signing Returns
    • Proposed Regulation §10.34(a)
    • AICPA Statements
  • Penalties
    • Accuracy-Related Penalty under IRC §6662
    • Avoiding the Accuracy-Related Penalty
    • Substantial Understatements and Tax Shelters
    • Tax Shelter Opinions and the Circular 230 Regulations
    • Judicial and Legislative Developments Regarding Tax Shelter Opinions
    • Summary and General Comments on the Circular 230 Tax Shelter Regulations
  • A More Detailed Description of the Circular 230 Tax Shelter Opinion Regulations
    • Covered Opinions
    • Limited Scope Opinions
    • General Disclosure Rules for Covered Opinions
    • Effect of Opinion That Meets the Required Standards
    • Procedures to Ensure Compliance under the Regulations
    • Requirements for Other Written Advice Other Than Covered Opinions
  • Best Practices for Tax Advisors
  • Sanctions for Violation of Regulations
    • Disciplinary Procedures
  • Question
    • Discussion
• Chapter 10 - Ethics Focus: Taxation
  • Ethics Overview
  • Recent Developments
  • Spotlight on Independence in Tax Services
  • Key Ethical Dilemmas and Judgment Calls
  • Addressing Ethical Dilemmas
  • Available Resources
• Chapter 11 - Latest Developments

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