direction needed asap

[joma44]

Hey all... havent posted to the taxation thread before. sad that I have to. :(

Got a notice (letter 1058) from the ex wife that the irs has sent final notice of intent to levy and notice of your right to a hearing.

seems back on our 2001 taxes merrill lynch screwed up her inheritance payment and said we didnt owe taxes on the IRA so we never declared it. IRS caught up to my ex and said nope that was wrong and you have to pay by july 18th. I'm now in the position of just hearing about this today.

the ex wants to offer the irs half the balance (um...its a lot of dough still) and then go after merrill lynch for damages and what not.

I know that things are not always what they seem. My knowledge with tax law is basically zip....I've been on the credit side of things. So as I'm waiting for my high end corporate lawyer friend to find me the best rabid shark in the area can ya'll help me out with some suggestions as to how I should approach this.

1. should I insist on a hearing
2. offer less money
3. etc, etc, etc....

thanks in advance for the ideas.

[weishaupt1776]

Did you get a 12153 form for Your right to a Collection Due Process Hearing (CDPH)?

Since you have no history of being a "tax protestor" they should give you an inface.

Fill out the form saying that you are very confused and don't understand what's going on because you are not an attorney so you need to ask a few questions.


Keep it simple. DO NOT DISCLOSE your phone number. They will try to move fast otherwise.

Mail it REGISTERED!!!!!

put the registered mail # on the doc itself

sign it

send them copy you keep original

(Buy some 1 cent stamps before going to the post office)

appoint a 3rd party process server to make out an affidavit of mailing (CLICK)

keep original

Put 1 cent stamps on both the originals & the copies in the upper right corner

DO NOT SEAL THE ENVELOPE YET !!!!

Take the UNOPENED envelope to the post office w/ your 3rd party mailer

Take out the originals and ask the clerk to "cancel' the stamps out

Have them do so w/your originals, also

If they give you flack, state that your lawyer informed you to do this.
(i'm your lawyer, now)

[wirlwind]

Weis,

I don't know what the purpose of using 1 cent stamps and having them cancelled out is. Could you please enlighten?

[weishaupt1776]

You want the post office roundate on your docs (copies & originals) for a triple bulletproofing of service process. The stamp on the docs proes that they were in the post office, the third party witness can testify that those docs were sent.

[Ice]

Didn't your agreement with your tax preparer have a clause that stated they would be liable for any amounts resulting from their goof ups?

That is standard practice with those people... you should check over the paperwork you signed with them.

But you should still check with your district court for the IRS notice... see other threads in this section for more details.

Ice

[mr.yet]

Originally Posted by joma44

Hey all... havent posted to the taxation thread before. sad that I have to. :(

Got a notice (letter 1058) from the ex wife that the irs has sent final notice of intent to levy and notice of your right to a hearing.

seems back on our 2001 taxes merrill lynch screwed up her inheritance payment and said we didnt owe taxes on the IRA so we never declared it. IRS caught up to my ex and said nope that was wrong and you have to pay by july 18th. I'm now in the position of just hearing about this today.

the ex wants to offer the irs half the balance (um...its a lot of dough still) and then go after merrill lynch for damages and what not.

I know that things are not always what they seem. My knowledge with tax law is basically zip....I've been on the credit side of things. So as I'm waiting for my high end corporate lawyer friend to find me the best rabid shark in the area can ya'll help me out with some suggestions as to how I should approach this.

1. should I insist on a hearing
2. offer less money
3. etc, etc, etc....

thanks in advance for the ideas.

You can offer them pennies and the FRN Dollar to settle the matter or request a hearing, make Merril Lynch attend.

[cz3000]

if use the cdp req., all collection activity must cease at least until after the hearing. any freezes (if any ) should be unfrozen.
i don't think i need to tell u what to do.

[ndusa]

Originally Posted by mr.yet

You can offer them pennies and the FRN Dollar to settle the matter or request a hearing, make Merril Lynch attend.

Yep, and you'll be laughed right out of the court room. And when they determine you owe the money anyway, your going to pay Merril Lynch for wasting thier time as well. I'd just pay it, at best you could sue ML for some sort of misconduct, but I doubt you'll ever win, they have far to many shysters, and the little bit of money you owe now, wouldn't be a drop in the hat for what they will make you pay.

[mrg]

That post is a year old, I think Mr. Yet has probably moved past that.

[ndusa]

Originally Posted by mrg

That post is a year old, I think Mr. Yet has probably moved past that.

What year would matter? It's the same old lame duck BS you read here day in and day out. I bet he paid it!