Author: Bethany Kuenne

Success Story: 20/20 Assists SMB Owner in New Jersey

Back in April of 2013, a small business (SMB) owner from Hackettstown, New Jersey, approached 20/20 Tax Resolution for help in resolving a $60,000 liability with the IRS. We worked over the next several months to obtain the appropriate documentation and analyze the taxpayer’s current financial condition. Because of the precarious situation the business was in when they came on board, we also filed several appeals on behalf of the business so as to keep them safe from enforcement actions (levies on bank accounts, seizure of assets, etc.), while we took the time to analyze their situation.

In July of 2013, we submitted a proposal for an Installment Agreement in the amount of $300 per month to resolve the liability through what’s called a Partial Payment Installment Agreement. Although we knew that this agreement would need to be reviewed every two years, the taxpayer could not afford a larger monthly payment to meet the six-year rule so as to avoid the two-year review. After submission of our proposal, there was the normal back-and-forth of negotiations and collection of additional supporting documentation as well as awaiting the appeals process for the previously filed appeals.

During this time, we also had to deal with a Revenue Officer who was not playing by the rules and issuing erroneous levies. We were successful at getting these levies released based on the rules and regulations set forth in the Internal Revenue Manual (IRM), but all of these issues lead to a delay in obtaining a formal resolution.

By April of 2014, the business’ financial condition was only worsening. Things were even more dire than they were a year prior. This being the case, we decided to move forward with an Offer in Compromise on behalf of the business. The taxpayer was skeptical at first that we could work out an agreement of this type, but we discussed with him the new rules and regulations surrounding the Offer in Compromise based on the Fresh Start Program and showed him why his business qualified for the program. By October 2014, we completed the Offer in Compromise and sent it to the taxpayer for signature and to forward with the appropriate down payment and filing fee. Unfortunately, the taxpayer forgot to send in the Offer, delaying our efforts a bit longer. By February of 2015, the Offer was submitted and we were then tasked with awaiting an Offer Specialist to be assigned to the case. The Offer process is quite lengthy and can take up to two years before a formal determination is made on the case. After negotiations back and forth, we were finally successful at resolving this case through the Offer in Compromise program, compromising the liability for a total of $324 in February of 2016.

We were all very pleased with the final results and received this “thank you” from the taxpayer:

I wanted to write to you to say thank you for all the work that you did for me to help me resolve this tax issue. As you may remember, we had previously used another company, which charged us huge fees and did not advance the process of settling the debt. That company went bankrupt. I had mistakenly turned over all my documentation to that company. I lost all of it. That was an enormous error on my part. I trusted the wrong people. I also lost all my records, which made your job even more difficult. I, not only, lost my money to that company, I also found that the tax issues worsened. I was quite “gun-shy” when I hired your company. However, you were very patient with me throughout the process. I thank you so much for that. When you laid out my options, I could not have imagined that this would have been settled so fully and completely. It is like a breath of fresh air. So, I just wanted to thank you so much for your professionalism, diligence, and patience.”

As you can see, not all cases are cut and dry, and the IRS can be an extremely difficult entity to deal with. This being said, with proper representation, and maybe a little bit of patience, your case could be resolved just as completely as this one was. Get in touch with us today to learn more about how we can help with your particular situation.

When and How to File an Amended Return

Every now and then after a filing your Individual Income Tax Return, Form 1040, you may recognize a mistake that was made, or something that was accidentally left off of the return. When this happens, an amended return should be filed to correct the mistake or make the change. If you notice a mathematical error or if you forget to attach necessary documentation, these are not reasons for sending in an amended return. The IRS will either correct the mathematical error for you, or will ask you for supporting documentation to continue processing your return. However, if there is a change in your filing status, credits or deductions, or the income you reported was incorrect you will need to file an amended return via Form 1040X.

If you have recently realized that you need to amend more than one return, you will need to make sure to use a separate Form 1040X for each amended return. Generally, this form must be filed within three years of the original filing date or within two years from the date at which you paid the taxes – whichever is later. You will need to enter the tax year that is being amended at the top of each return. Then, once completed, you must send each amended return separately to the IRS at the address for your particular location, which can be found in the 1040X Instructions. Your amended returns cannot be filed electronically.

If you will be receiving a refund from your original return, and your amended return will be claiming an additional refund, you will need to wait to receive your first refund before submitting the amended return claiming the additional refund. Once the amended return is filed, it can take up to 12 weeks before it is processed. If you will owe tax on your amended return, file the return and pay the additional tax as quickly as possible to reduce any penalties and interest you may owe. Once your amended return has been filed you may track the status of your return using the “Where’s My Amended Return” tool at www.irs.gov or by calling 866-464-2050. Both the online and phone tools are available in English and Spanish.