OIC Appeals - where to go from here

[BulldogTom]

Help for a newbie please.

I just got a response from the Appeals office in Brookhaven. They said no, which is not surprising to me, but the letter just said in one sentence that they are sustaining the original position.

I was hoping for some type of calculation, because both the original agent and the appeals agent told me they were able to make adjustments based on the information we provided.

So my real question is, where do I go from here. I strongly suspect that they never really went through the 77 page fax I sent over documenting our position on the offer. I would really like to see their workpapers to determine how they decided to deny the offer.

If this were an audit, I could have a conference with the supervisor. Do I have that same right in OIC land? Is there any further right of appeals?

Thanks. This is the first time I have gone down the OIC route, so I am learning as I go.

Tom

Hollister, CA

[Pacun]

Not an answer to your question.

If someone faxes 77 pages of documents, I doubt I will have time to read them. I think the best would be to mail them.

[BulldogTom]

Not an answer to your question.

If someone faxes 77 pages of documents, I doubt I will have time to read them. I think the best would be to mail them.

1. They asked for all the documents we sent

2. They asked for them to be faxed

3. They were all summarized with a cover page and detail of what was in each section and corresponded to the requests made by the agent.

I bet you would make a good IRS agent. Just ignore the documents that you asked for and say no. I bet you would get promoted quickly.

Tom

Hollister, CA

[ILLMAS]

But isn't the Brookhaven office for OIC only? I think you now need to contact your local appeals office to get the ball rolling.

http://www.irs.gov/Individuals/Appeal-a-rejected-OFFER-IN-COMPROMISE-%28OIC%29-Online-Self-Help-Tool-%28START%29

[Catherine]

Appeals is next. A colleague here who specializes says she always puts in a real lowball OIC first round to get it rejected quickly and go straight to Appeals. She says that is the level where the people working have authority to decide anything besides "no" -- so why bother with the lower level?

She has a point -- and an incredible track record of approved offers.

[BulldogTom]

But this is Appeals, they are handled at Brookhaven as well. Do I have recourse to appeal again? Can I go to Tax Court?

Sorry for the basic questions.

Tom

Hollister, CA

[Catherine]

But this is Appeals, they are handled at Brookhaven as well. Do I have recourse to appeal again? Can I go to Tax Court?

Sorry for the basic questions.

Tom

Hollister, CA

Piffle. Missed that part.

I believe you can ask for a reconsideration. Don't quote me on that.

[Max W]

Request appeals Financial Analysis Report. That will tell you what numbers they arrived at.

And, No, you can't go to tax court on an OIC. In fact, there is no entitlement to an OIC. The IRS can reject

for no reason at all.

[Jack from Ohio]

The number are still only one in seven OIC get approved.

[BulldogTom]

Request appeals Financial Analysis Report. That will tell you what numbers they arrived at.

And, No, you can't go to tax court on an OIC. In fact, there is no entitlement to an OIC. The IRS can reject

for no reason at all.

That is what I thought. Thanks for the confirmation. What if I see the report and they absolutely did not consider the client's true ability to pay and made up numbers like the first go round. Is there anything you can do?

Thanks again for responding.

Tom

Hollister, CA

[kcjenkins]

Bankruptcy, but do ask for the Financial Analysis Report. The IRS may know something the client hid from you, remember.

While he can't bankrupt against taxes unless they are very old, it can give him time to pay it out over more time.