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opportunity to address and resolve delinquent tax liabilities. Congress granted this
right so people who have been overcome by circumstances and challenges in their
lives have another chance to become productive, tax paying citizens. And many
times, because federal delinquent tax liabilities may not be subject to discharge in
bankruptcy proceedings, the IRS Offer in Compromise provides a means to reach
the same ultimate end... to be free of the oppression of delinquent IRS tax debt.
The ultimate beauty of IRS Offers in Compromise is that they can be successfully
used by:
1) individuals with tax delinquencies.
2) businesses with tax delinquencies, including but not limited to income tax or
employment tax delinquencies - yes even employment tax delinquencies.
3) estates and trusts with tax delinquencies.
We represent each client dedicated to their personal needs and we handle the
technical aspects of their IRS Offers with surgical precision.
IRS OFFERS FILED BY BUSINESSES & OTHER ENTITIES
The IRS Offer program provides protections and benefits to individuals and to
ongoing businesses. The idea is to provide a means to secure a better future for
both of them.
Yes, we can keep you business in business and resolve the tax delinquencies at the
same time.
IRS OFFERS FILED BY INDIVIDUALS
Offers in compromise also provide benefits during the time the offer is being
evaluated and negotiated. Once such benefit includes the prohibition against any
enforced collection during the time the offer is pending.
THERE ARE MARVELOUS BENEFITS AVAILABLE
BUT WATCH OUT FOR THE “MARKETEER’S” HYPE
“Marketeers” have been flooding the TV and radio with ads hyping their IRS and
Debt Settlement Services. This is a frightening trend. Indeed, some ads are really
nothing more than “brokers” who hype their claim and then refer the case out to
some other person for a finder fee. Worse yet many of the ads are completely
outlandish, and some (including the IRS) say verge on misrepresentation.
What is also of significant concern is that they paint a picture of over-simplicity, the
illusion that everyone is automatically entitled to a settlement for next to nothing
simply because the “marketeeer” demands it.
But for the overwhelming majority of taxpayers, there is more to it than that. First,
there are conditions that must be met even before an IRS Offer is filed. Those
conditions, in addition to other requirements must be met by the taxpayer for an IRS
Offer to successfully complete.
Also common to virtually all IRS offers and to obtain the best results possible you can’
t cookie cutter taxpayer offers. Each taxpayer and each taxpayer family is unique.
Their respective past and future is unique too. So, we have to utilize every facet of
the federal tax code to your advantage.
In truth, IRS Offers take time and work. Sure, there may be “easier” offers which
once in a while are more straight forward than others but even those are subject to
the conditions and requirements imposed by the federal law. And unfortunately, it’s
been our stark observation that the TV and radio “marketeers” hype their sales pitch
about IRS Offers to such an extent that the listener is left with the understanding that
all IRS Offers are quick and result in settlements for about 1% to 4% of the amount
owed. The ads make it sound like every single taxpayer is automatically entitled to a
next to nothing settlement.
So, please beware of such outlandish claims. By last available count, less than 10%
of all the offers filed with the IRS ever reached a conclusion. That meant that the
overwhelming majority of people who paid the filing fees, the require down payment
earnest money and the fee their “marketeers” wanted, ended up with their
delinquent IRS debt being dumped back into their lap.
We know. Those people come to us for help after they went through that
experience.
By comparison, of the thousands and thousands of IRS offers we’ve worked for
taxpayers, our record of success is 99.99%, with the only exceptions being taxpayers
who either quit or died.
Certainly there are some taxpayer cases where circumstances confronting a
taxpayer are so overwhelming negative that everyone, meaning the taxpayer, the
IRS and even the man in the moon immediately understand that it’s far wiser, and
cheaper to close the books on a particular taxpayer delinquency than to commit
more time, energy and other resources to trying to collect it. This could include for
example, a terminally ill and unemployed taxpayer, who has no assets and who owes
$100,000.00 in delinquent IRS taxes. Situations like that will reach a settlement with
the IRS quicker and the settlement may require the taxpayer to pay virtually nothing
because the taxpayer has absolutely nothing.
But even in that case, the taxpayer doesn’t so much as need active representation,
like so many of the advertisements hype. Instead, the taxpayer (and family) actually
only need an experienced guide to make sure things are complete and well
considered before they are submitted to the IRS.
Our point is, you need to look beyond superficial marketing hype.
WE ARE ADVOCATES. WE ARE TAX CONTROVERSY ATTORNEYS
Understand we represent people who want to maximize their results to recognize
their personal and unique life challenges. We are tax controversy attorneys
dedicated to helping and protecting taxpayers in Tax Crisis.
CONDITIONS AND REQUIREMENTS THAT MUST BE MET
But regardless of who a taxpayer considers as a possible attorney it is vital that all of
the conditions and taxpayer responsibilities under the IRS Offer program are
understood from the onset and thereafter timely satisfied. And make no mistake
about it, there are conditions and continuing requirements imposed on taxpayers
both during and after your Offer is settled. Here are a number of the big ones:
1) You must immediately get into and remain in tax payment compliance. That
means the tax must be paid on time and in full.
2) You must get into and remain in tax return filing compliance.
3) You must consider all the possible safe havens available to you under the law
and consider utilizing them. Yes, the law allows you to structure your financial affairs
to help you resolve your tax delinquency.
4) You must be committed to addressing IRS follow up questions and requests
in a timely way throughout the time it is reviewing and considering your Offer. And
you must satisfy the deadlines imposed by the IRS.
If you violate any of these after you filed your IRS offer the IRS will return you offer to
you, and you will have wasted a great deal of time and money. This is true even
after the IRS accepted your offer. If that happens, the IRS will end the settlement,
revitalize the full original delinquency and add more penalties and interest to it.
Please understand how important this is. It has come to our attention that many of
the “marketeers” fail to even discuss or disclose these realities with taxpayers. They
fail to do that before the taxpayer pays the retainer or before the taxpayer signs and
submits the IRS Offer for filing. It’s been our observation that some of those
marketeers are first and foremost interested in getting their fee paid. Once it’s paid,
if you don’t get into compliance or if you fail to meet the other continuing
requirements, your Offer will be returned to you and you lose the fee you had paid to
that point.
In other words, you’ll probably be under even greater stress, you’ll be in greater
financial distress and you’ll have to find a way to start all over again. That is more
than expensive, it is wasteful.
Keep in mind too that the statute of limitations on collections is tolled during the time
your offer is being processed. That means once the IRS returns your offer to you, it
has just as much time to collect from you as it did before your offer was filed.
As for us, we will accept you as a client and file an IRS Offer in Compromise only
after you fully accept and commit to the Offer process and that you will remain
committed to it for as long as it takes to complete it.
From the onset, you must affirm that you are in tax payment and tax return filing
compliance and that you will stay in compliance. These are things only you can do.
So, we strongly suggest that you go over that with your accountant or preparer and
establish definite times in the future so you can review your payment and return filing
activity to make sure you are, and remain in compliance. Again, there will be times
that the IRS will ask you to prove it so be ready to do so.
Still, as a practical matter, these requirements only make sense because your goal is
to resolve a prior delinquency - not to add to it.
GROUNDS SUPPORTING IRS OFFERS
There are several different grounds that, once proven, will support your IRS Offer
and allow the IRS to accept less from you than the full delinquent amount. They are
as follows:
1) doubt as to your ability to pay, meaning that it is clear that you don’t have the
current ability to pay and that you won’t have the ability to pay all or some of the
delinquent liability in the future. There are specific tools used to evaluate your ability
to pay. In addition “special circumstances” can be considered too.
2) doubt as to liability, meaning that you don’t owe all or part of the liability as a
matter of law.
3) effective tax administration, meaning that it would be unfair to require that you
pay what is owed. These offers require unique and substantial facts and they must
meet additional criteria.
Again, we have successfully handled thousands and thousands of these offers. And
we have concluded Offers where the IRS has accepted less than 1% of the total
delinquency even in circumstances where other representatives advised the
taxpayer would not prevail at all. In fact, the results we obtain are strikingly more
beneficial to our clients. We’ve had many, many matters resolve where the taxpayer
settled massive delinquencies and where the IRS accepted NOTHING and
completely resolved the matter.
The results possible in your Tax Crisis are entirely subject to your unique
circumstances. For instance, if you or your spouse or another dependent is
permanently injured or ill, or will become progressively worse, we can address this as
a hardship. ETA/hardship offers take more time but they are dedicated to saving
your family and helping the IRS understand your circumstances rather than just
review you as a series of numbers (income and expenses). We are extremely
successful in those environments.
We will work with you personally to understand you, to understand how your
delinquency came to be, to understand how it has impacted on you and your family
and to determine what your future seemingly presents for both you and your family.
In other words, we review you’re financial matters as well as all other subjective and
objective features of your life. Then we conform the presentation to the law and IRS
procedures. That’s the only way to obtain the best possible results.
YOU HAVE ADDITIONAL RIGHTS TOO
Offers that are not accepted by the IRS at the first (administrative) level are subject
to being appealed. That allows for the Offer to be reconsidered. Errors made by
the IRS at the Offer level can be corrected in the appeals level, and yes, the IRS
does make errors. Also, new and additional information can be considered at that
time too.
Thereafter, a taxpayer can also decide to take the matter to tax court. We’ve been
very successful in tax court matters, especially in circumstances where we believe
the IRS did not apply the appropriate law or misconstrued the law it applied.
We also accept referrals of matters advanced by other accountants, lawyers and
taxpayers when they need help in the subsequent appeals processes. Keep in mind,
there isn’t any State of Michigan Offer in Compromise program, though other states
offer their taxpayers relief through offer in compromise settlement programs similar
to the IRS program. Of course, we address matters subject to offers available in
other states too.
right so people who have been overcome by circumstances and challenges in their
lives have another chance to become productive, tax paying citizens. And many
times, because federal delinquent tax liabilities may not be subject to discharge in
bankruptcy proceedings, the IRS Offer in Compromise provides a means to reach
the same ultimate end... to be free of the oppression of delinquent IRS tax debt.
The ultimate beauty of IRS Offers in Compromise is that they can be successfully
used by:
1) individuals with tax delinquencies.
2) businesses with tax delinquencies, including but not limited to income tax or
employment tax delinquencies - yes even employment tax delinquencies.
3) estates and trusts with tax delinquencies.
We represent each client dedicated to their personal needs and we handle the
technical aspects of their IRS Offers with surgical precision.
IRS OFFERS FILED BY BUSINESSES & OTHER ENTITIES
The IRS Offer program provides protections and benefits to individuals and to
ongoing businesses. The idea is to provide a means to secure a better future for
both of them.
Yes, we can keep you business in business and resolve the tax delinquencies at the
same time.
IRS OFFERS FILED BY INDIVIDUALS
Offers in compromise also provide benefits during the time the offer is being
evaluated and negotiated. Once such benefit includes the prohibition against any
enforced collection during the time the offer is pending.
THERE ARE MARVELOUS BENEFITS AVAILABLE
BUT WATCH OUT FOR THE “MARKETEER’S” HYPE
“Marketeers” have been flooding the TV and radio with ads hyping their IRS and
Debt Settlement Services. This is a frightening trend. Indeed, some ads are really
nothing more than “brokers” who hype their claim and then refer the case out to
some other person for a finder fee. Worse yet many of the ads are completely
outlandish, and some (including the IRS) say verge on misrepresentation.
What is also of significant concern is that they paint a picture of over-simplicity, the
illusion that everyone is automatically entitled to a settlement for next to nothing
simply because the “marketeeer” demands it.
But for the overwhelming majority of taxpayers, there is more to it than that. First,
there are conditions that must be met even before an IRS Offer is filed. Those
conditions, in addition to other requirements must be met by the taxpayer for an IRS
Offer to successfully complete.
Also common to virtually all IRS offers and to obtain the best results possible you can’
t cookie cutter taxpayer offers. Each taxpayer and each taxpayer family is unique.
Their respective past and future is unique too. So, we have to utilize every facet of
the federal tax code to your advantage.
In truth, IRS Offers take time and work. Sure, there may be “easier” offers which
once in a while are more straight forward than others but even those are subject to
the conditions and requirements imposed by the federal law. And unfortunately, it’s
been our stark observation that the TV and radio “marketeers” hype their sales pitch
about IRS Offers to such an extent that the listener is left with the understanding that
all IRS Offers are quick and result in settlements for about 1% to 4% of the amount
owed. The ads make it sound like every single taxpayer is automatically entitled to a
next to nothing settlement.
So, please beware of such outlandish claims. By last available count, less than 10%
of all the offers filed with the IRS ever reached a conclusion. That meant that the
overwhelming majority of people who paid the filing fees, the require down payment
earnest money and the fee their “marketeers” wanted, ended up with their
delinquent IRS debt being dumped back into their lap.
We know. Those people come to us for help after they went through that
experience.
By comparison, of the thousands and thousands of IRS offers we’ve worked for
taxpayers, our record of success is 99.99%, with the only exceptions being taxpayers
who either quit or died.
Certainly there are some taxpayer cases where circumstances confronting a
taxpayer are so overwhelming negative that everyone, meaning the taxpayer, the
IRS and even the man in the moon immediately understand that it’s far wiser, and
cheaper to close the books on a particular taxpayer delinquency than to commit
more time, energy and other resources to trying to collect it. This could include for
example, a terminally ill and unemployed taxpayer, who has no assets and who owes
$100,000.00 in delinquent IRS taxes. Situations like that will reach a settlement with
the IRS quicker and the settlement may require the taxpayer to pay virtually nothing
because the taxpayer has absolutely nothing.
But even in that case, the taxpayer doesn’t so much as need active representation,
like so many of the advertisements hype. Instead, the taxpayer (and family) actually
only need an experienced guide to make sure things are complete and well
considered before they are submitted to the IRS.
Our point is, you need to look beyond superficial marketing hype.
WE ARE ADVOCATES. WE ARE TAX CONTROVERSY ATTORNEYS
Understand we represent people who want to maximize their results to recognize
their personal and unique life challenges. We are tax controversy attorneys
dedicated to helping and protecting taxpayers in Tax Crisis.
CONDITIONS AND REQUIREMENTS THAT MUST BE MET
But regardless of who a taxpayer considers as a possible attorney it is vital that all of
the conditions and taxpayer responsibilities under the IRS Offer program are
understood from the onset and thereafter timely satisfied. And make no mistake
about it, there are conditions and continuing requirements imposed on taxpayers
both during and after your Offer is settled. Here are a number of the big ones:
1) You must immediately get into and remain in tax payment compliance. That
means the tax must be paid on time and in full.
2) You must get into and remain in tax return filing compliance.
3) You must consider all the possible safe havens available to you under the law
and consider utilizing them. Yes, the law allows you to structure your financial affairs
to help you resolve your tax delinquency.
4) You must be committed to addressing IRS follow up questions and requests
in a timely way throughout the time it is reviewing and considering your Offer. And
you must satisfy the deadlines imposed by the IRS.
If you violate any of these after you filed your IRS offer the IRS will return you offer to
you, and you will have wasted a great deal of time and money. This is true even
after the IRS accepted your offer. If that happens, the IRS will end the settlement,
revitalize the full original delinquency and add more penalties and interest to it.
Please understand how important this is. It has come to our attention that many of
the “marketeers” fail to even discuss or disclose these realities with taxpayers. They
fail to do that before the taxpayer pays the retainer or before the taxpayer signs and
submits the IRS Offer for filing. It’s been our observation that some of those
marketeers are first and foremost interested in getting their fee paid. Once it’s paid,
if you don’t get into compliance or if you fail to meet the other continuing
requirements, your Offer will be returned to you and you lose the fee you had paid to
that point.
In other words, you’ll probably be under even greater stress, you’ll be in greater
financial distress and you’ll have to find a way to start all over again. That is more
than expensive, it is wasteful.
Keep in mind too that the statute of limitations on collections is tolled during the time
your offer is being processed. That means once the IRS returns your offer to you, it
has just as much time to collect from you as it did before your offer was filed.
As for us, we will accept you as a client and file an IRS Offer in Compromise only
after you fully accept and commit to the Offer process and that you will remain
committed to it for as long as it takes to complete it.
From the onset, you must affirm that you are in tax payment and tax return filing
compliance and that you will stay in compliance. These are things only you can do.
So, we strongly suggest that you go over that with your accountant or preparer and
establish definite times in the future so you can review your payment and return filing
activity to make sure you are, and remain in compliance. Again, there will be times
that the IRS will ask you to prove it so be ready to do so.
Still, as a practical matter, these requirements only make sense because your goal is
to resolve a prior delinquency - not to add to it.
GROUNDS SUPPORTING IRS OFFERS
There are several different grounds that, once proven, will support your IRS Offer
and allow the IRS to accept less from you than the full delinquent amount. They are
as follows:
1) doubt as to your ability to pay, meaning that it is clear that you don’t have the
current ability to pay and that you won’t have the ability to pay all or some of the
delinquent liability in the future. There are specific tools used to evaluate your ability
to pay. In addition “special circumstances” can be considered too.
2) doubt as to liability, meaning that you don’t owe all or part of the liability as a
matter of law.
3) effective tax administration, meaning that it would be unfair to require that you
pay what is owed. These offers require unique and substantial facts and they must
meet additional criteria.
Again, we have successfully handled thousands and thousands of these offers. And
we have concluded Offers where the IRS has accepted less than 1% of the total
delinquency even in circumstances where other representatives advised the
taxpayer would not prevail at all. In fact, the results we obtain are strikingly more
beneficial to our clients. We’ve had many, many matters resolve where the taxpayer
settled massive delinquencies and where the IRS accepted NOTHING and
completely resolved the matter.
The results possible in your Tax Crisis are entirely subject to your unique
circumstances. For instance, if you or your spouse or another dependent is
permanently injured or ill, or will become progressively worse, we can address this as
a hardship. ETA/hardship offers take more time but they are dedicated to saving
your family and helping the IRS understand your circumstances rather than just
review you as a series of numbers (income and expenses). We are extremely
successful in those environments.
We will work with you personally to understand you, to understand how your
delinquency came to be, to understand how it has impacted on you and your family
and to determine what your future seemingly presents for both you and your family.
In other words, we review you’re financial matters as well as all other subjective and
objective features of your life. Then we conform the presentation to the law and IRS
procedures. That’s the only way to obtain the best possible results.
YOU HAVE ADDITIONAL RIGHTS TOO
Offers that are not accepted by the IRS at the first (administrative) level are subject
to being appealed. That allows for the Offer to be reconsidered. Errors made by
the IRS at the Offer level can be corrected in the appeals level, and yes, the IRS
does make errors. Also, new and additional information can be considered at that
time too.
Thereafter, a taxpayer can also decide to take the matter to tax court. We’ve been
very successful in tax court matters, especially in circumstances where we believe
the IRS did not apply the appropriate law or misconstrued the law it applied.
We also accept referrals of matters advanced by other accountants, lawyers and
taxpayers when they need help in the subsequent appeals processes. Keep in mind,
there isn’t any State of Michigan Offer in Compromise program, though other states
offer their taxpayers relief through offer in compromise settlement programs similar
to the IRS program. Of course, we address matters subject to offers available in
other states too.
Copyright 2009; Richard Craig Krause.
All rights reserved. Copying and/or use of
the whole or any part of this material
without prior written consent is
prohibited. Taxpayer’s Voice is a federal
registered trademark. Copying and/or use
of the mark without prior written consent
is prohibited. Violators will be
prosecuted. "Tax Crisis," IRS "Black
Hole", IRS "Black Magic," "Taxpayer's
Voice Speaks," "Snowballing," "Cycle of
Destruction," the theme music, with and
without our Taxpayer's Voice lyrics, the
theme music, with and without lyrics, and
the Armored Man are also trademarks of
Richard Craig Krause. Copying and/or
use of same without prior written consent
is prohibited. Violators will be
prosecuted.
All rights reserved. Copying and/or use of
the whole or any part of this material
without prior written consent is
prohibited. Taxpayer’s Voice is a federal
registered trademark. Copying and/or use
of the mark without prior written consent
is prohibited. Violators will be
prosecuted. "Tax Crisis," IRS "Black
Hole", IRS "Black Magic," "Taxpayer's
Voice Speaks," "Snowballing," "Cycle of
Destruction," the theme music, with and
without our Taxpayer's Voice lyrics, the
theme music, with and without lyrics, and
the Armored Man are also trademarks of
Richard Craig Krause. Copying and/or
use of same without prior written consent
is prohibited. Violators will be
prosecuted.
Issues of the kind generally identified in
this website require expert legal help
which would be devoted to the specific
facts, circumstances and law that
present. Everyone must accept and
understand that the information reflected
in this website does not apply to any
specific matter or person or legal entity,
any applicable burden of proof, which
with proofs or the administrative or
jurisdictional issue or concern. The
information provided in this website is
superficial and does not attempt to
address any or all possible factual or
legal issues, and further that it does not
identify all the law, conditions or other
requirements that must be met or may
apply to any matter or challenge, in
whole or in part. We are not responsible
for how you may use the information
reflected in this website.
this website require expert legal help
which would be devoted to the specific
facts, circumstances and law that
present. Everyone must accept and
understand that the information reflected
in this website does not apply to any
specific matter or person or legal entity,
any applicable burden of proof, which
with proofs or the administrative or
jurisdictional issue or concern. The
information provided in this website is
superficial and does not attempt to
address any or all possible factual or
legal issues, and further that it does not
identify all the law, conditions or other
requirements that must be met or may
apply to any matter or challenge, in
whole or in part. We are not responsible
for how you may use the information
reflected in this website.
| IRS OFFERS IN COMPROMISE FACT & FICTION. 1-800-230-4747 |
Richard Craig Krause & Associates, P.C
| The Taxpayer's Voice |
ATTORNEYS
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we are....
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