Thursday, May 19, 2011

Old Letterhead and Excessive Postage

Below is the letterhead from a recent IRS letter.  I did not know we still had District Directors.  Also, is a postage mark on a large envelope from an agency, not the IRS this time, that contained a two page letter.  The postage was $1.28 for the two page letter. 

Friday, April 29, 2011

IRS Request Withdrawal of Collection Due Process Hearing - Before the Hearing

Recently in letters from IRS Appeals advising the taxpayer that a hearing has been scheduled, the IRS is enclosing Form 12256, WIthdrawal of Request for Collection Due Process or Equivalent Hearing. We do not understand the purpose of enclosing this form. It is confusing to the taxpayer. The cover letter from Appeals states:



"If you no longer want to pursue the CDP Hearing, I have enclosed Form 12256 for you to sign and withdraw your request. You can fax or mail this back to me prior to the deadline date".

We see no reason for the IRS to include this form. Appeals can certainly discuss a withdrawal with the taxpayer during the hearing. It seems that Appeals should be trying to help the taxpayer, rather than seeking a withdrawal of the hearing request before the hearing takes place. While it is only page, we doubt that many taxpayers sign it. Therefore, it is just a waste of taxpayers’ money.

Will the IRS Listen?

Here is an article titled "How to talk so the IRS will listen".  This article give guidance on how to deal with the IRS.

Wednesday, April 13, 2011

How Long Should Records Be Kept?

In IRS Tax Tip 2011-71 the IRS has given advise on how long to keep records for tax purposes.  The IRS says the following:


1.  Normally, tax records should be kept for three years.
2.  Some documents — such as records relating to a home purchase or sale, stock transactions, IRA and business or rental property — should be kept longer.
3.  In most cases, the IRS does not require you to keep records in any special manner. Generally speaking, however, you should keep any and all documents that may have an impact on your federal tax return.
4.  Records you should keep include bills, credit card and other receipts, invoices, mileage logs, canceled, imaged or substitute checks, proofs of payment, and any other records to support deductions or credits you claim on your return.
5.  For more information on what kinds of records to keep, see IRS Publication 552, Recordkeeping for Individuals, which is available on the IRS website at http://www.irs.gov/.  

It is getting more difficult to obtain deductions in an audit, at IRS Appeals, or in court, if records are not available to prove the deduction.  Everyone should keep detailed records and this is especially true for automobile and travel expenses. 

Friday, April 8, 2011

How the IRS Will Operate If There Is A Shutdown

Here is what the IRS Operations Will Be During A Government Shutdown


If the federal government shuts down, IRS operations will be severely limited. However, the underlying tax law remains in effect, and all taxpayers should continue to meet their tax obligations as normal.

Individuals should keep filing their tax returns with the IRS and are required to do so by April 18 unless they obtain a six-month extension. The IRS will be accepting all tax returns. Once they’ve been accepted, the IRS will generally process and issue refunds for electronically filed individual returns.

Individuals are urged to file electronically, because most of these returns are processed automatically and should not be delayed. Because of limited IRS staffing, paper returns will be accepted, but will not be processed in the event of a government shutdown and taxpayers who file paper returns will experience a delay in receiving their refunds. Limited telephone customer service functions will remain available, but IRS walk-in taxpayer assistance centers will be closed.

While the government is closed, people with appointments related to examinations (audits), collection, Appeals or Taxpayer Advocate cases should assume their meetings are cancelled. IRS personnel will reschedule those meetings at a later date.

Here are some basic steps for taxpayers to follow in case of a governnment shutdown:

How Does This Affect Me? What Do I Do?

• You should continue to file and pay taxes as normal.
• The April 18, 2011, tax deadline for filing the 1040 series of tax returns remains in effect.
• Individuals filing the 1040 series of returns can still request a six-month filing extension to Oct. 17 by filing Form 4868. Taxpayers who request a filing extension must still make their tax payments by April 18, 2011.
• The quarterly estimated tax payment due April 18 is unchanged.
• All other tax deadlines remain in effect, including those covering individuals, corporations, partnerships and employers. The regular payroll tax deadlines remain in effect as well.
• You can file your tax return electronically or on paper –– although the processing of paper returns will be delayed until full government operations resume. Payments accompanying paper tax returns will still be accepted as the IRS receives them.
• Tax refunds for most electronically filed returns will continue to be issued. Because of limited IRS staffing, taxpayers who file paper returns will experience a delay in receiving their refunds.
• Tax software companies, tax practitioners and Free File remain available to assist with taxes.
• State tax deadlines are not impacted by the federal government shutdown.

What Will Happen At The IRS If The Government Shuts Down?

Only the most basic functions will remain operating in light of the critical April 18 filing deadline.

Operations Available


During the Government Shutdown

Tax processing operations are continuing at this time for electronically filed 1040 series tax returns.

Tax refunds will be issued as returns are processed, so most tax refunds for electronically filed returns will be issued. Taxpayers should expect longer than normal delays for paper filed tax refunds. IRS e-file and Free File remain the best way of getting tax refunds quickly and are unaffected by the government shutdown.

Tax deposits and payments are being processed, both for electronic and paper tax returns. Taxpayers should continue to make these payments as normal.

The IRS will continue accepting all tax returns during this period. In addition to individual e-file, business e-file will remain open as well and refunds for business e-filers will continue.

For individual taxpayers seeking assistance, the regular 800-829-1040 telephone line remains open. However, this line will not accept calls unrelated to individual tax issues, and taxpayers should anticipate much longer wait times. As an alternative, taxpayers are strongly encouraged to use www.IRS.gov.

The IRS website, www.IRS.gov, will remain available, although some interactive features may not be available. ”Where’s My Refund” will remain available on the IRS website for people to check on the status of their tax refunds.

If people have already filed their return and the IRS has started processing their tax return, they generally will see no delays in their refunds being issued. The best source for information will be checking "Where's My Refund" at www.IRS.gov.

The IRS Free File partners will continue to accept and file tax returns.

Tax software companies will continue to accept and file tax returns.

The IRS Volunteer Income Tax Assistance Program (VITA) and the Tax Counseling for the Elderly (TCE) Programs will remain open in many locations to offer free tax help for taxpayers who qualify. Many Low-Income Taxpayer Clinics will remain open.

Many automated IRS notices will continue to be mailed.

Operations Closed

Or Unavailable During a Government Shutdown

(Partial Listing)

Taxpayer Assistance Centers (TACs) where taxpayers walk-in for service will be closed. People with scheduled appointments during the government shutdown will have to reschedule.

While the government is closed, people with appointments related to examinations (audits), collection, Appeals or Taxpayer Advocate cases should assume their meetings are cancelled. IRS personnel will reschedule those meetings at a later date.

No live telephone assistance will be available for non-1040 series business taxpayers on the 800-829-4933 number.

No live telephone assistance will be available for exempt organizations, retirement plans administrators or governmental entities that use the 877-829-5500 number.

The phone number for victims of identity theft (800-908-4490) will not be available.

The IRS will not be working any paper correspondence during this period.

Most IRS legal counsel services will stop.

Information for Tax Practitioners

• The e-Help Desk will be available for e-file error reject code assistance only -- Monday through Friday from 6:30 a.m. to 5:00 p.m. Central Time.
• The Practitioner Priority Service line will not be available.
• Quick Alerts will be issued as necessary via the normal e-mail process.

Texas Clients of JK Harris & Co. to Get Refunds

The Texas Attorney General has settled a lawsuit with JK Harris & Co.  See article here. 

The Dirty Dozen for 2011

The IRS has released the 2011 Dirty Dozen Tax Scams.  See the release here.

IRS Releases New Offer in Compromise Form

The IRS has released a new offer in compromise form for doubt as to collectibility. The new Form 656 can be found here.  The offer in compromise booklet has a new Form 433-A (OIC) to be used soley for an offer.

Wednesday, March 23, 2011

Change of Mailing Address for FOIA Requests


The Internal Revenue Service has almost completed modernizing Freedom of Information Act (FOIA) and Privacy Act case processing with the implementation of AFOIA, Automated Freedom of Information Act.


Due to the volume of correspondence and payments the IRS receives, they have changed the FOIA mailing address. Effective April 1, 2011, the new address for all FOIA correspondence and payments is:


Internal Revenue Service
Disclosure Scanning Operation – Stop 93A
Post Office Box 621506
Atlanta, GA 30362-3006


AFOIA allows the IRS to centralize receipt of requests and electronically process and distribute them throughout the country.

Tuesday, March 15, 2011

Can the IRS Save on Postage?

We recently received three envelopes from the IRS that measured 10 inches by 15 inches. Each envelope contained a one page letter. The postage on the envelopes was $00.88, $1.05, and $2.41. Is it really necessary to place a one page letter in such a large envelope and expend more than $00.44 for the postage?  Regular postage would have saved $3.02.