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September 16, 2016 By Tax Attorney

Top Ten IRS Tax Problems (Part 1)

Top Ten IRS Tax Problems (Part 1)

As we say at IRS Away, “Don’t let the IRS destroy the life and business you have built because you do not know how to defend yourself.” You may ask, “Defend myself from what?” What kinds of tax problems do people most often find themselves in? Is there a “Top 10” of IRS tax problems I should try to avoid?

According to Forbes Magazine, there is such a list, entitled “The Top 10 Most Litigated Tax Issues.” This is a list of tax problems that can tie up your time and your income, and may even end up in IRS tax court. Let’s take a look at some

Common IRS Tax Problems

Tax Problem 10: Relief from Joint and Several Liability

When you get married and file taxes jointly with your spouse, you agree to take on the tax liability of your spouse, and vice versa. There are times, though, that one spouse will seek an exemption from this rule, claiming to be an Innocent Spouse.

Tax Problem 9: Civil Actions to Enforce Federal Tax Liens

When you refuse or neglect to pay your taxes, the IRS takes action, sometimes filing a lien against your property.

Tax Problem 8: Frivolous Issues Penalty

For a variety of reasons, there are people who believe that the IRS doesn’t have the Constitutional authority to collect taxes. So, some “take a stand” by refusing or delaying their tax payments. Not surprisingly, the IRS ALSO takes a stand on the issue.

Tax Problem 7: Charitable Deductions

If you itemize deductions on your federal income tax return, you can claim donations to charitable organizations. Problems arise when the IRS questions the eligibility of the charity, or when they question the fair market value of certain donations (an old car, the furniture you gave to Goodwill, etc.)

Tax Problem 6: Failure to File and Failure to Pay Penalties

This is pretty straightforward. When you fail to file or pay your taxes on time, the IRS may impose penalties such as fines or interest. It is up to you to establish a reasonable cause for your actions.

As we said, this is half of the story, part 2 is coming soon. Obviously, you don’t want to find yourself in any of these situations. But, tax problems arise. And, sometimes people are mistakenly targeted by the IRS. Regardless, there are instances where the charges and penalties can be litigated, negotiated, reduced or eliminated altogether.

Contact IRS Away Today

That is why you should never face an IRS tax problem alone. The IRS Away team offers free consultations and peace of mind knowing that your tax problems are being dealt with effectively and professionally. Contact tax attorney Joseph M. Arndt III at (803) 771-4037 for a free consultation.

Filed Under: Innocent Spouse, IRS Tax Liens, Tax Problems Tagged With: failure filing, filing jointly, irs penalties, irs tax problems, tax attorney, tax liens, top ten

April 29, 2016 By Tax Attorney

IRS Tax Liens

IRS Tax Liens

A tax lien is a lien imposed by law upon a property to secure the payment of taxes. A tax lien may be imposed for delinquent taxes owed on real property or personal property, or as a result of failure to pay income taxes or other taxes.

If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belong to such person.[1]

An IRS tax lien is serious. If you have been warned or served a tax lien, seek legal representation.

Joseph Arndt is an attorney representing clients before the IRS and state tax offices.
Contact our offices for a consultation.

Filed Under: IRS Tax Liens, Tax Problems Tagged With: irs tax probems, tax lien

April 15, 2016 By Tax Attorney

IRS Tax Debt and Your Property

IRS Tax Debt and Your Property

A Tax levy, under United States Federal law, is an administrative action by the Internal Revenue Service (IRS) under statutory authority, without going to court, to seize property to satisfy a tax liability. The levy “includes the power of distraint and seizure by any means”. The general rule is that no court permission is required for the IRS to execute a section 6331 levy. For taxpayers in serious debt to the IRS, the most feared weapon in the IRS arsenal is the tax levy. Using the powers granted to the IRS in the Internal Revenue Code, the IRS can levy upon wages, bank accounts, social security payments, accounts receivables, insurance proceeds, real property, and, in some cases, a personal residence. Under Internal Revenue Code section 6331, the Internal Revenue Service can “levy upon all property and rights to property” of a taxpayer who owes Federal tax. The IRS can levy upon assets that are in the possession of the taxpayer, called a seizure, or it can levy upon assets in the possession of a third party, a bank, a brokerage house, etc. All future statutory references will be to the Internal Revenue Code unless noted otherwise.

If you have tax problems and are concerned with a tax levy, contact us today.

Filed Under: IRS Seizure, IRS Tax Collections, IRS Tax Liens, Tax Problems

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