Getting Out Of Debt » Taxes

Secrets to Stopping an IRS Levy

GettingOutOfDebt — Fri, 12 Feb 2010 11:39:02 +0000

26 U.S.C. § 6330(e) includes a provision that is little celebrated and underutilized by folks facing an Internal Revenue Service levy of their bank account or pay. That subsection provides in pertinent part:

“(e) Suspension of collections and statute of limitations
“(1) In general
“… if a hearing is requested under subsection (a)(3)(B), the levy actions which are the subject of the requested hearing…shall be suspended for the period during which such hearing, and appeals therein, are pending…”

The suspension of collection activities by timely making a request for a Collection Due Process Hearing (CDPH) is a very effectual method to stop an Internal Revenue Service levy on a financial institution or paycheck. I have made use of this provision to bring to a halt an IRS levy in as little as two days. A short time ago I put a note in my shopping cart that even a dancing bear could block an Internal Revenue Service levy by a timely request for a CDPH hearing as Congress provided in 26 U.S.C. § 6330(b)(1).

Conversely, a dancing bear would not be able to keep IRS (Internal Revenue Service) collection activity put off and most likely neither would most of us. In spite of all the postponements while appeals are pending; and in spite of being able to retrieve whatever capital you had in the bank when the Notice of Levy showed up from the Internal Revenue Service; and in spite of receiving complete paychecks during those delays; in the long run, the end of the line will occur and the IRS will move forward with collection activities as they were before the hearing was demanded. When this happens most people will be right back where they started; staring down a garnishment by the Internal Revenue Service. It is because of this harsh actuality that I put up nine, free videos, 4-10 minutes long at www.irsterminator.com talking about strategies I have come up with that make keeping IRS (Internal Revenue Service) collection activities suspended indefinitely a very real possibility.

There are two aspects to winning a CDPH hearing: 1) Taking positive strategies with the end being to prevail in the hearing as I discuss in the videos mentioned above; 2) Avoiding bringing up issues that would serve as grounds for you losing the hearing. Staying away from losing issues is a matter of doing a little investigation and reviewing what issues have been raised in the past that lost.

Rohner v. U.S., 91 A.F.T.R.2d 2003-2425 (N.D.Ohio 2003) is the case that I will address in part in this article. Rohner lost hisCollection Due Process hearing and appealed to the Federal District Court. I was able to was able to get a hold of his litigation by searching the District Court data base at www.versuslaw.com. I made an hour and forty minute video about how to use Versuslaw to do legal research and that video training is offered for you to understand online legal research too at www.bearscart.com in the “law study” category.

In the section of the Court’s decision entitled “Factual and Procedural Background” the Court recounted:

“Although Plaintiff submitted Forms 1040 to the Internal Revenue Service (IRS) along with copies of Forms W-2 indicating his wage income for the years 1996 and 1998, he reported no income on the returns and attached statements containing frivolous arguments as to why he was not liable for an income tax for those two years…With regards to the 1998 tax return, the IRS then sent Plaintiff a letter dated May 24, 1999, advising him that a frivolous return penalty of $500 under 26 U.S.C. § 6702 would be assessed against him unless he corrected his position within 30 days…Plaintiff failed to correct the Form 1040 and the IRS assessed § 6702 penalty against him on September 13, 1999, with respect to the 1998 Form 1040…The IRS also accessed Plaintiff a § 6702 penalty on November 13, 2000, with respect to the 1996 Form 1040, because he submitted a Form 1040 for tax year 1996 showing no income with an attached statement containing frivolous arguments on July 21, 2000.”

Hence, it looks like Rohner may have been using an early Cracking the Code stratagem; or possibly, something taught by Irwin Schiff. He seems to be using the hearing to prevail on the hearing officer to concur with his position on why he had no taxable income and to get out of paying frivolous return penalties. The IRS sent Rohner a Notice of Intent to Levy that educated him of his right to a CDP Hearing and he requested the hearing. After losing in the CDPH hearing, Rohner lost on appeal to the Federal District Court:

1) According to the published result, the Court held that Rohner maintained that he had the right to record the collection due process hearing or have a court reporter transcribe the hearing. The Court held that Rohner misstated the law and ruled that he did not have the right to have the collection due process hearing recorded or to have a court reporter transcribe the hearing.

2) According to the published determination, the Court held that Rohner claimed that the hearing officer refused to give him a distinct hearing with respect to the frivolous return penalties for each of the two separate tax years. The Court held that collection due process hearings are comprised of more than just the face to face meeting between the taxpayer and the officer. The Court held that written interactions, telephone conversations and face-to-face meetings all suffice for an satisfactory hearing.

The Court ended up holding that the Internal Revenue Service’s administrative determination was to be upheld. In the videos at www.irsterminator.com I discuss how to use Rohner’s losing issues above to your own advantage. Check them out.

Follow me on Twitter.com/legalbear See you there.

The boring stuff – This article is user submitted and does not reflect the views of this website. This article is educational only and should not be taken as financial advice. To learn more about this topic, please follow the links provided by author the in the article. Links that introduce interesting products to you should be considered advertisements. Some of these links may be of a commercial nature and clicking on them may generate a financial benefit to this website.

Some interesting stuff -
1. A credit repair Book.
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3. Trading the FX market.
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Technorati Tags: 26 USC § 6702, Cracking the Code, Due Process hearing, Final Notice, frivolous return penalty, IRS collections, IRS levy, Notice of Levy, online legal research, penalties

What Tactics can I Use to Prevent a Federal Levy On My Bank or Wages?

GettingOutOfDebt — Mon, 08 Feb 2010 01:24:29 +0000

In order for the Internal Revenue Service to comply with the law, they must first hand the subject of the levy what is called in the statutes a Final Notice of Intent to Levy made according to 26 USC § 6330(a)(1) which provides in applicable part that no levy may be made on any property or right to property of anybody unless the Secretary has alerted such person in writing of their entitlement to a hearing under this section in advance of such levy being made.

26 USC § 6330(a)(2) provides that the notice required under paragraph (1) shall be given in person; left at the place of abode or usual place of business of such person; or sent by certified or registered mail, return receipt requested, to such person’s last known address; not less than thirty days before the day of the first levy.

When you receive the notice, it is important that your request for the hearing be made timely. 26 USC § 6330(a)(3) specifies that the information included with the notice the IRS sends you shall include notice to you of the right to request a hearing during the 30-day period under paragraph (2).

When you accept the aforementioned notice and read it you will see that 26 U.S.C. § 6330(e) provides that as soon as a CDPH (Collection Due Process Hearing) is timely requested “the levy actions which are the subject of the requested hearing…shall be suspended for the period during which such hearing, and appeals therein, are pending…” Requesting a Collection Due Process Hearing is the most efficient way to halt an IRS levy on a bank account or paycheck since suspension of collection activity upon such request is mandated by the law.

The IRS has a tendency to try and base your entire hearing upon what you put in that request. It is for this reason I recommend using the addendums that are part of my IRS Terminator package. I explain the importance of the addendums in the videos at www.irsterminator.com.

I have seen the IRS fax a release of levy to an employer in as little as two days subsequent to the CDP hearing request being sent. There is a little trick to getting such fast action which is explained in the IRS Terminator package. This makes it possible for the employee to never miss a full paycheck and for the bank depositor to retrieve their funds.

It is not difficult to stop an levy by Federal tax authorities by timely requesting a CDPH as provided in 26 U.S.C. § 6330(b)(1). However, if proper steps are not taken to be victorious in the hearing, eventually the IRS will get around to holding the hearing and in all likelihood decide against you and move forward on the levy. The IRS Terminator package is designed to give you the absolute best chance to win your hearing.

It has happened frequently that I have learn about circumstances wherein the Internal Revenue Service sent a levy to an employer or bank sooner than they sent the Final Notice of Intent to Levy. It is still feasible to ask for a CDPH hearing in a situation such as this and get the collection activity suspended before the IRS takes your paycheck or bank deposits. There are forms in the www.irsterminator.com package whose propose is to competently request a CDPH (Collection Due Process Hearing) in a situation where the notice required by law has not been sent.

There are doubtless few feelings worse than the one that comes upon you when your bank or work place give you notice that they have been served or mailed with a Notice of Levy by the Internal Revenue Service requiring them to keep most all of your next paycheck or deliver the funds in your bank account to them. My IRS Terminator package makes available to you with the paperwork you should have to render the circumstances as harmless as possible and ultimately triumph.

Follow me on Twitter.com/legalbear See you there.

Some interesting stuff -
1. A credit repair Book.
2. Start an eBay business.
3. Trading the FX market.
4. A penny stock list.

Technorati Tags: 26 USC § 6330(a)(1), bank account, Block IRS levy, CDP hearing, CDPH, Collection Due Process Hearing, Final Notice of Intent to Levy, Internal Revenue Service, IRS, Notice of Levy, paycheck, stop IRS levy

Can Lindsey Springer’s PRA (Paperwork Reduction Act) Defense Work Against the Internal Revenue Service?

GettingOutOfDebt — Mon, 08 Feb 2010 01:24:27 +0000

Study law

Tips & Tricks for Court researcher Carrol thinks with some modifications it can:

After Lindsey Springer was convicted recently in spite of his use of his well researchedPRA (Paperwork Reduction Act)defense, Carrol delivered for my groups consideration the following to my Tips & Tricks for Court group on Yahoo:

Springer only had a some of what was necessary. There is more that he appeared not to knowthat would have made that case, and ours should it become necessary,much more successful.

The IRS, the Commissioner of Internal Revenue and the Department of the Treasury are all compelled by law to also comply with the Privacy Act of 1974 and the Federal Register Act.

To comply with these, 2 Treasury Directives already exist- TD 25-03 Subject: Filing Documents for Publication with the Office of the Federal Register; TD 25-04 Subject: The Privacy Act of 1974, As Amended.

In the Federal Register publication, the Service is required by law to comply the Paperwork Reduction Act.

Its not just the form that requires it, the regulations themselves are compelled by law to be made available in the Federal Register.

Failure of the Internal Revenue Service to abide by the Federal Register Act means that they have not established wide-ranging applicability and lawful effect. re: 44 USC 1506, and 5 USC 553.

49 Stat. 501 Sect 5: “There shall be published in the Federal Register (1) all Presidential proclamations and Executive orders, except such as have no general applicability and legal effect or are effective only against Federal agencies or persons in their capacity as officers, agents or employees thereof; (2) such documents or classes of documents as the President shall determine from time to time have general applicability and legal effect; and (3) such documents or classes or documents as may be required so to be published by Act of the Congress: Provided, That for the purposes of this Act every document or order which shall prescribe a penalty shall be deemed to have general applicability and legal effect.”

I thought it a useful exercise to see if I could prove the regulations that give general applicability and legal effect with regard to the 1040 form income section.

I collected a list from 26 CFR 602.101 to find the approved regulations associated to the 1040 form income section. There are over100 of them.

If you would like to see the conclusion of Carrol’s research on this topic visit this post at my blog legalbearsblog.com.

If you would like to learn how to do legal research like Carrol, get my Online Legal Research Video as a digital download and watch it on your laptop. Save 50% by putting 1040 in the coupon code redemption box as you are checking out. Coupon code good for a limited time.

Follow me on Twitter.com/legalbear See you there.

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3. Trading the FX market.
4. A penny stock list.

Technorati Tags: 1040, 26 CFR 602., 44 USC 1506, 5 USC 553, Commissioner, convicted, Department of the Treasury, Federal Register Act, form, found guilty, Internal Revenue, Internal Revenue Service, IRS, Lindsey Springer, Paperwork Reduction Act, PRA defense, Privacy Act of 1974, research

Speaking Out Against TARP

GettingOutOfDebt — Mon, 08 Feb 2010 01:24:20 +0000

In 2006, when the subprime lending market began to implode, it sent shockwaves throughout the U.S. economy and eventually lead to a global economic decline. The effects of this financial catastrophe are still being felt today. In an attempt to bolster the economy and promote lending, even in the face of this disaster, the U.S. government created the Troubled Asset Relief Program to supply lenders with needed funding. “The point of TARP”, says Kristy Sinsara, President of the Consumer Advocacy Group, “was to ’stimulate the economy’ by giving money to ‘big businesses’.” But has the Troubled Asset Relief Program succeeded in its aim?

Many groups such as the Consumer Advocacy group, represented by Kristy Sinsara, say that TARP has failed in its objective. “We believe that the lenders have proven that they can NOT be trusted with the Troubled Asset Relief Funds set aside by the Obama Administration,” says Kristy Sinsara.

Kristy Sinsara and the Consumer Advocacy Group have spoken out against TARP, claiming that lenders such as Bank of America have demonstrated an unwillingness to use TARP funding as it was intended. “The lenders (Bank of America especially) have proven that they will only use the money for their own personal gain and have absolutely no individual homeowners’ needs in mind,” says Kristy Sinsara. “These lenders have essentially been given a blank check by our government that we as tax payers must pay for.”

If this funding has not been used to the benefit of suffering homeowners, how has it been used? Kirsty Sinsara and the Consumer Advocacy Group claim that TARP funds have been used to retain stability within the financial community at the expense of homeowners and taxpayers. These financial entities, says Kristy Sinsara, are using TARP funding to bail out or buy up crumbling financiers such as Meryl Lynch and Countrywide, rather than to benefit individual homeowners.

To sharpen the blow further, many of the executives of these failed institutions are receiving sizable bonuses or severance packages. These are the much discussed “golden parachutes” being handed out to the very individuals who’s poor decision making created this global economic crisis in the first place. It is this gross misuse of taxpayer money that has caused concerned groups like Kristy Sinsara and the Consumer Advocacy Group to stand up and voice their disproval.

Not only are these flagging financiers being bailed out, but many of the executives of these collapsed institutions are being provided with substantial exiting packages. These much discussed “golden parachutes” are being provided at taxpayer expense via TARP funds, says Kristy Sinsara. Meanwhile, organizations like the Consumer Advocacy Group are left scrambling to try to help faltering homeowners as best they can.

It is because of this seeming misuse of TARP funding that Kristy Sinsara’s Consumer Advocacy Group and other similar organizations are beginning to speak out. These homeowners advocates are lobbying in Washington in the hope of changing the Troubled Asset Relief Program so that relief is felt by those who truly need it most, the distressed homeowners.

Find out more information about Kristy Sinsara and the Consumer Advocacy Group.

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The History of Taxation Practices, Section 8: Taxation and The Boston Tea Party

GettingOutOfDebt — Mon, 08 Feb 2010 01:24:13 +0000

Raleigh NC CPA

W. Marc Gilfillan, CPA, NC, individual and business CPA and Tax expert, shares about the history of taxes…

Ah…. now we have a historical event obviously about abusive taxation. Was the Boston Tea Party a protest concerning the British taxation on tea, as we were told? No, not at all. The colonies had already been boycotting English tea for five years before to the Boston Tea Party! They had actually smuggled in Dutch tea and were quite prosperous. There was tea for anyone who wanted it and no British tea tax paid. Obviously, the British didn’t like the boycott. So, the British bypassed the duties at home. The Parliament told British tea merchants to avoid the import tax of shipping the tea to England and then pass the money saved along to the colonies as they sent the tea over and thereby sold British tea at a price that was lower than the smuggled Dutch tea. If you’re feeling the pressure with today’s taxes, call a CPA for Tax Preparation in Raleigh, NC for all your tax-related needs!

But what people would sell this British tea?

They sold it through loyal British merchants in the colonies. But will the colonists take the cheaper British tea with an included tax? Yes. They bought so much that what ended up happening was loyal British merchants got all the business and the tax was still be given to England. Obviously the colonists didn’t care about the tax that much; they still were receiving more inexpensive tea. However, the non-British MERCHANTS didn’t like the gig. The British merchants, with the assistance of England, had essentially established a monopoly on tea sales. The native merchants feared it would only be a matter of time before additional British enterprises would be established with the same mechanism and they would be forced out of business. Go here if you want help with a modern-day Tax Return in Raleigh, NC.

So, a group of MERCHANTS dressed up as Indians, walked on a vessel loaded with British tea and dumped it into the harbor. Was this a crowning peak in American tax protest? Not at all. The Boston Tea Party was viewed as the wanton destruction of private property at a time when private property was viewed as very important. The event was very looked down upon and did not sit well with the colonies. Ben Franklin was shocked and demanded that full restitution would be paid immediately to the owners of the tea. Anyway, it turned into war.

However, the colonies would soon realize that masses of warships, battalions of redcoats, and cannons were much more terrifying than a few tax collectors. The ironic thing is, America did not lose the war, primarily due to the fact that England realized it was too expensive to wage war so far from home. BUT after the war, America faced huge debts and taxes, and even with representation they were going to be huge.

Keep an eye out for W. Marc Gilfillan’s next chapter in his History of Taxes series: Taxes and Slavery and the Civil War.

http://www.marccpa.com/

Some interesting stuff -
1. A credit repair Book.
2. Start an eBay business.
3. Trading the FX market.
4. A penny stock list.

Technorati Tags: accountant, bookkeeping, cpa, income tax, marc gilfillan, NC, raleigh, tax, tax preparation, tax return, Taxes

The History of Taxation, Section 9: Taxes, the Slaves, and the American Civil War

GettingOutOfDebt — Sat, 30 Jan 2010 05:40:20 +0000

Raleigh NC Tax Preparation

W. Marc Gilfillan, CPA, NC, individual and business CPA and Tax expert, shares about the history of taxes…

“Slavery – the one cause of the Civil War.” – John Stuart Mill, 1862

Can there be any doubtful thoughts concerning this topic? Certainly the American Civil War was about the slavery issue… wasn’t it? Well actually, one of the greatest popular myths in our history is that the Civil War was started over slavery and that Lincoln, the Great Emancipator, started a bloody war to sever the claims of bondage that shackled over 3 million black Americans. Right before the war, the South had all it could have wanted.

In 1860, Southerners held the Supreme Court and Lincoln and Congress were beginning the process of passing a constitutional amendment to keep slavery for all time! So what happened?

We should move the time back to the year 1832. By 1832 the national debt left from the War of 1812 had been re-paid and Southerners saw no need to keep up the high import taxes that seemed to only raise prices for Southern consumers. Either the South paid high import taxes on imported goods or it bought Northern manufactured goods at excessive prices. Either way, Southern funds ended up in the North. To say the least, the South was not happy with this arrangement. If you are feeling the pressure with today’s taxes, call a CPA for Tax Preparation in Raleigh, NC for all your tax-related needs!

Consequently, in 1832 a convention was held in South Carolina to get rid of these federal import taxes. The convention decided the tax was unconstitutional and authorized the governor to resist the enforcing of the import taxes instituted by the federal government. It looked like a civil war was in the works. Mild tempers prevailed, however, and the Great Compromise of 1833 reduced import taxes over the subsequent few years to levels the South would tolerate. Go here if you want help with a modern-day Tax Return in Raleigh, NC.

Over the ensuing years, however, Northern corporate and manufacturing interests forced through Congress new taxes that once again oppressed Southern planters and made Northern manufacturers become rich. In 1850, John C. Calhoun, the South’s most outstanding spokesperson, gave a speech to Congress. His speech spoke of 3 wrongs done to the South that could cause secession from the Union and war. The first two involved fears about the gradual decline of power of the South in general and the states in particular.

The third, and really the only solid complaint, concerned taxation. In Calhoun’s eyes, national import taxes was a targeted legislation against the South. Heavy taxation on the South raised money that was used in the North. The focus of economic life in the country was shifting heavily to the North. Calhoun threatened secession if the taxes were not reduced. But what about the slavery issue? Well, in his campaign for the presidency in 1860, Lincoln repeatedly said he would not do anything about slavery in the South. Truly, the vast majority of Northerners didn’t really care about black men in bondage, just as little as how much they worried about the Indian in the West or impoverished illiterate workers in factories. By and large many black slaves received substantially better quality treatment and better compassion than their working-class counterparts in the North. Lincoln, actually, assured Southern plantation-owners that run-away slaves would be caught. The Congress and subsequently the Supreme Court (Dred Scott decision) further affirmed that slavery was here to stay.

However, just as Lincoln was placed in office and Congress assembled in 1861, they enacted more high import tariffs. Slavery wasn’t an issue – higher import taxes were. In his inaugural address Lincoln said he would go get the customs in the South even if there was a secession!

Fort Sumter, at the beginning of the Charleston Harbor, began filling with Union soldiers to enforce the collection of the new taxes. The Civil War began in 1861 when South Carolinians fired on the federal garrison at Fort Sumter. The conflict had been stewing for decades – but it wasn’t over slavery. It was about taxes.

Two years later, Lincoln put into action the Emancipation Proclamation, and then only after several military battles, as a last resort to rally the North to a noble cause. To address the slave issue – most the North cared little about black people in bondage, no more than they thought of Native-Americans to the west and the impoverished uneducated workers in the factories. Ironically, many black slaves got better treatment and greater compassion than their impoverished counterparts in the North.

That’s it for the History of Taxes Series!

http://www.marccpa.com/

Some interesting stuff -
1. A credit repair Book.
2. Start an eBay business.
3. Trading the FX market.
4. A penny stock list.

Technorati Tags: accountant, bookkeeping, cpa, income tax, marc gilfillan, NC, raleigh, tax, tax preparation, tax return, Taxes

The Lesson in Tax Law, Part Nine: Taxation, the Slaves, and the Civil War

GettingOutOfDebt — Sat, 30 Jan 2010 05:40:19 +0000

Raleigh NC CPA

W. Marc Gilfillan, CPA, NC, individual and business CPA and Tax expert, shares about the history of taxes…

“Slavery – the one cause of the Civil War.” – John Stuart Mill, 1862

Could there be a doubtful thoughts about this topic? Of course the American Civil War was about slavery… was it not? Well actually, one of the most popular myths in our history is that the Civil War was started over the slavery issue and that Lincoln, the Great Emancipator, used a terrible war to break the chains of bondage that enslaved over three million black Americans. Right before the war, the South had everything its way.

In 1860, the South held the Supreme Court and Lincoln and Congress were beginning the process of passing a constitutional amendment to keep slavery for all time! What happened?

We should move the time back to the year 1832. By 1832 the national debt left from the War of 1812 had been paid and the South saw no need to continue the exorbitant import taxes which appeared to only jack up prices for Southern consumers. Either the South had to pay high import taxes on foreign goods or it purchased Northern manufactured goods at excessive prices. In either case, Southern money ended up in the North. To say the South wasn’t content with this arrangement would be an understatement. If you’re feeling the pressure with today’s taxes, call a CPA for Tax Preparation in Raleigh, NC for all your tax-related needs!

So, in 1832 a convention was hosted in South Carolina to get rid of these federal import taxes. The convention declared the tax was unconstitutional and authorized the governor to defy the enforcing of the import taxes instituted by the national government. It looked like a civil war was in the works. Cool heads won over, however, and the Great Compromise of 1833 reduced import taxes over the next several years to an area the South would tolerate. Go here if you want help with a modern-day Tax Return in Raleigh, NC.

Over the next few years, however, Northern corporate and manufacturer interests forced through Congress more taxes that again oppressed Southern planters and allowed Northern Manufacturers to become rich once again. In 1850, John C. Calhoun, the South’s greatest outstanding spokesman, delivered a speech to Congress. His speech spoke of three grievances of the South that may lead to secession from the Union and war. The first two had to do with fears about the gradual decline of power of the South in general and the states as well.

The third, and really the only concrete grievance, was about tax policy. In Calhoun’s view, national import taxes was a class legislation against the South. Heavy taxation on the South raised money that was spent in the North. The center of economic life in the United States was shifting heavily to the North. Calhoun spoke of secession if the taxes were not lowered. But what of the slaves? Well, in his campaign for the presidency in 1860, Lincoln steadily repeated he wouldn’t do anything about slavery in the South. Actually, the vast majority of Northerners did not really care about enslaved blacks, just as little as how much they cared about the Native-American in the West or impoverished illiterate workers in factories. By and large many black slaves got substantially better quality treatment and better compassion than their counterparts in the North. Lincoln, in fact, promised Southern slave-owners that fugitive slaves would be caught. The Congress and subsequently the Supreme Court (Dred Scott decision) continually acknowledged that slavery was here to stay.

However, right as Lincoln was elected and Congress came together in 1861, they enacted new high import tariffs. Slavery wasn’t an problem – higher import taxes were. In his inaugural address Lincoln stated he would collect the customs in the South even if there happened to be a secession!

Fort Sumter, near the beginning of the Charleston Harbor, began filling with Union troops to support the collection of the new taxes. The Civil War started in 1861 when South Carolinians fired on the federal garrison at Fort Sumter. The inevitable had been brewing for years – but it was not over slavery. It was about tax policy.

2 years after that, Lincoln put into action the Emancipation Proclamation, and then only following several military battles, as a last resort to rally the North to a worthwhile cause. With respect to the slave issue – most the North did not care much about black people in bondage, no more than they thought of Indians to the west or poor illiterate workers in the factories. Ironically, many black slaves received better treatment and greater compassion than their impoverished counterparts in the North.

That’s it for the History of Taxes Series!

http://www.marccpa.com/

Some interesting stuff -
1. A credit repair Book.
2. Start an eBay business.
3. Trading the FX market.
4. A penny stock list.

Technorati Tags: accountant, bookkeeping, cpa, income tax, marc gilfillan, NC, raleigh, tax, tax preparation, tax return, Taxes

A Lesson in Tax Law, Section Seven: Taxes and The Revolution

GettingOutOfDebt — Sat, 30 Jan 2010 05:36:18 +0000

Raleigh NC Accountant

W. Marc Gilfillan, CPA, NC, individual and business CPA and Tax expert, shares about the history of taxes…

There has been no other revolution that was more solidly rooted in tax problems. Taxation didn’t just cause it, but helped unify the unorganized and squabbling colonies. However, maybe not precisely the way you might imagine. If you’re feeling the pressure with today’s taxes, call a CPA for Tax Preparation in Raleigh, NC for all your tax-related needs!

First, the British taxes on the colonies were neither unfair nor oppressive. Actually, Americans had a good life: we had the help of the British empire, the land was rich, businesses thrived, and jobs were widely available. Europe’s social structures didn’t enchain the citizens and our sons were not forced to fight in wars in far-away lands… we had the good life. So why? Well, some missteps and misstatements by both sides. Go here if you want help with a modern-day Tax Return in Raleigh, NC.

“Taxation without representation” was indeed a problem. But no one knew quite what to do about this problem (following the American revolution, many colonies such as Canada and Australia were able to find more achievable solutions). But at this point in history there was no agreement by the British parliament or American leaders on what could happen to avoid “taxation without representation”. Ben Franklin, unknowingly I presume, complicated the issue. He went over to England as our spokesman and said that internal taxes were unacceptable but external taxes were OK.

By internal taxes, he meant the stamp tax and other taxes that were paid on transactions within the colonies themselves. External taxes, by the colonists’ definition, were those such as import taxes that were placed upon transactions that only partially occurred within the colonies. The colonists believed import taxes were external to the colonies. Yes, if you’re confused about this, you ought to be. It makes almost no sense. Apparently no one understood the connection with import/export taxes and the ultimate prices paid for the goods and services. In other words, import/export taxes worked against the “other guy” so they were OK.

OK, said the British parliament. if that’s what you desire we will help and give you whatever it takes to make you happy. So, the British enacted new tariffs, import and export taxes. Then, Americans decided they made a mistake. They saw the flaw of their logic… but it was too late and the situation worsened.

Keep an eye out for W. Marc Gilfillan’s next chapter in his History of Taxes series: Taxes and the Boston Tea Party.

http://www.marccpa.com/

Some interesting stuff -
1. A credit repair Book.
2. Start an eBay business.
3. Trading the FX market.
4. A penny stock list.

Technorati Tags: accountant, bookkeeping, cpa, income tax, marc gilfillan, NC, raleigh, tax, tax preparation, tax return, Taxes

What is Innocent Spouse Tax Aid?

GettingOutOfDebt — Thu, 31 Dec 2009 00:24:48 +0000

Accept it or not, the IRS really does have a heart. It may not seem that way if you are staring down the barrel of an audit, but it is true. Proof is the existence of what is recognize as innocent spouse tax assistance. This interesting new clause takes care of a spouse who has recently been divorced and had pretty much nothing to do with making money or filing taxes in their last link. This is the ultimate out for everyone who was married to a tax cheat and decided that enough is enough and got out.

Really, this new rule is to be of assistance individuals who had their tax refund taken or who have racked up a tax penalty because of the actions of their ex-spouse. According to the IRS website, if you filed a joint tax reappear and if the IRS took what was going to be your refund to lend a hand pay for debt your spouse owed due to unpaid taxes, child support payments, or because of other debt such as a student loan, you are unconstrained to your money back. This is great news for someone who has felt trapped by the inner workings of the IRS and by the joint tax rush back they filed last year.

Innocent spouse tax support isn’t just for women; it works just as well for men who may find themselves in the same condition. The questions throughout the shape are gender neutral, even if it is true that this rule would affect more to women then men. someone can end up in a bad marriage and the IRS has done a fantastic job of publicizing this new rule so that people everywhere can take advantage of it. This publicity is a bit of a break from the past when the IRS would modify major system and not really tell anyone, but then audit you when you didn’t follow the new rule.

The innocent spouse tax respite program has been so popular, many expect it to continue throughout this year and into the future. There are so many people in the United States each year who are dependent on what their spouses make and they feel chained to their tax returns as well. The IRS understands that many people choose to file jointly because of the tax benefits and they also aware of that not everyone should be penalized for such things.

Meeting the requirements for this type of tax help isn’t knotty, but you will have to respond a series of questions on the IRS website to see if you qualify. Don’t be intimidated by this process. It isn’t too hard to value, and the tax break can make a huge difference to any person who qualifies. If you aren’t sure how to retort the questions, don’t hesitate to write to the IRS and ask them about the innocent spouse tax assistance program. Who knew the IRS had such a big heart and was agreable to work with so many innocent people to right a wrong?

Darrin T. Mish is a veteran, nationally recognized tax attorney who has focused on providing IRS help to taxpayers for over a decade. He regularly travels the country training other attorneys, CPAs and enrolled agents on how to handle their toughest cases with the IRS. He is highly ranked among the top attorneys in the country, with an AV rating from Martindale-Hubbell and a perfect 10 on Avvo.com. Martindale-Hubbell has also honored him with a listing in their Bar Register of Preeminent Lawyers. He is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. With clients on every continent but Antarctica, he has what it takes to solve your IRS problems no matter where you live in the world. If you would like more information about his practice and how he can help you, please call his office at (813) 229-7100 or toll free at 1-888-GET-MISH.

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Know Your Income Tax Filing Requirements

What is an IRS Toll?

GettingOutOfDebt — Thu, 31 Dec 2009 00:24:47 +0000

If you are reading this article, chances are you have only just been notified by the IRS that you are about to receive an IRS levy on your bank financial statement. An IRS charge is the final straw for the IRS when it comes to collecting back taxes. It is a tool that will freeze your material goal so that the IRS can remove as much money from your bank accounts as they necessitate to pay off what they say you owe. generally speaking, it is only used when every other variety of payment has fallen through. There are, however, a few ways to have this levy separate.

First, call the IRS and ask if you qualify for a payment arrangement. It could be that they have offered you a payment preparation in the past and you either discarded their bid or you ignored it, causing things to have ended up where they are right now. A payment plan will immediately lift the charge on your balance sheet so that you have access to your checking and savings; though, the IRS will anticipate your first payment right away and another one month later. One scheme that many people employ is to simply consent to a payment research so that they can have the charge lifted and then they will have a bit more time to think about how they are going to handle their debt over the long term.

If that option simply doesn’t work for you, you can be relevant for what is known as an suggest in compromise. These offers are extremely thorny to come by since they permit you to pay less, sometimes significantly less, than what you owe. There are three main ways to qualify for an suggest in compromise. The first, and the most widespread, is to express a economic privation. If you can attest that having your financial record frozen will impede your ability to pay medical bills, child prop up or rent/mortgage, you may be able to have the toll lifted or changed in some way. Along the same lines, if you can prove that you simply don’t have the income or the possessions to pay your debt by the due date, you may also qualify for a reduction in your total tax bill and a taking away of the IRS impose. The second ways is to bear out that your tax bill really isn’t yours after all. If you can demonstrate that a typo on your form has landed you in this mess, then you may qualify to have some or even all of your debt apart.

One final ways that many people use to remove such levies is to simply propose a single lump sum payment that covers most of your debt, but not all of it. If the IRS finds that this is an inbiased answer, they can wipe away the rest of your debt, as well as any levies that happen to be lying around. The answer here is to keep the avenues of communique open so that you are always making positive headway.

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