Martin Cantu, EA - Tax Consultant - Tax Relief Services Blog

Here are a couple of things not to do when confronted with an IRS issue: 1. Ignore all those certified letters . Certified letters are the IRS' way of slapping you in the face to get your attention. Continue to ignore those letters and you're sure to anger the IRS. If your looking for a levy or garnishment, then you're headed in the right direction.  2. My accountant/lawyer/spouse/ etc  is responsible for filing my returns . Responsibility for filing returns rests squarely on you - not your spouse, not you accountant, not your lawyer or anyone else. Blame has no role in solving your tax issue.  3. The IRS owes me money, so I won't file . Great strategy, until you realize that the limitations period will run and you will lose that refund. And you know the movie script here - you have several years of taxes due that could be wiped out by a refund you did not claim 6 years ago. Just like any 70's disaster movie you lose. You lose the refund and you owe th...

In a truly Alice in Wonderland moment, the Unites States #TaxCourt issued an order in which the Court says that #IRS guidance "is not binding precedent and that taxpayers rely on same at their own peril." What? Okay, maybe the #TaxCourt meant that you can't rely on something a clerk tells you on the phone or at your local #IRS office. Maybe the #IRS representative was not authorized to issue the guidance, or perhaps they misconstrued the #TaxCode - you might understand how that could happen.  Not the case. The #TaxCourt Order in  Bobrow, Docket No. 7022-11 , dated ironically enough April 15, 2014, warns taxpayers that they can't rely on #IRS guidance. Looking deeper into the case, the advice was actually contained in an IRS publication, Number 590 to be precise. The #TaxCourt stated that reliance on Publication 590 "would not have served as substantial authority for the position taken on their tax returns." The American College of Tax Counse...

So you received the dreaded Notice of Garnishment. What do you do now? The first thing you need to understand is that by the time you received the notice, the garnishment has been acted upon. It will quickly be followed by a notice from your payroll department confirming the garnishment, the amount taken by the IRS and the amount you are left with. The amount taken reflects a mathematical calculation, leaving you a very small amount to get by with through the new payroll period.  Garnishment is the same as a slap in the face - designed to get your attention. It is the ultimate call to action.  Candidly, by the time I get involved its usually too late to get the amount taken released by the IRS. The analogy I use is that the "toothpaste is out of the tube".  At this point your goal is to establish a line of communication with the IRS. Then, you can work to  stop the garnishment by setting up a payment agreement, providing financial agreement, or somet...