Tax Justice Warriors

Latest Episodes:

Episode 127: 2020 LITC Conference Dec 04, 2020

Show notes

This episode will look at upcoming training for those involved with Low Income Taxpayer Clinics. I provide details on the bootcamp, plenary and breakout sessions, plus other sessions. I will be speaking in two sessions. I hope this helps those of you involved in LITCs to think about the conference. For others, perhaps this will encourage you to volunteer or otherwise get involved in supporting your local LITC.

Episode 126: Form 2848 and the CAF Unit Nov 27, 2020

Show notes

A look at Form 2848 processing with the CAF Unit. Currently, there are processing delays. Part of that is due to the COVID pandemic, but part of it is due to the time of year as there are some shutdowns as IRS employees use vacation time.

But, wait – there’s more! Sharyn Fisk, Director of the IRS Office of Professional Responsibility, submitted “Electronic Signature Options Will Simplify Third-Party Authorizations” on November 19, 2020, in CL-20-06. The article details the plans for 2021 regarding what will be acceptable regarding electronic signatures with Form 2848 and Form 8821. The IRS balances ease of access with concerns about fraud or identity theft. Hopefully, more individuals can submit these forms to the IRS without having to worry about spreading the pandemic by being in the same room together.

I hope you had a Happy Thanksgiving and will have a safe holiday season!

Episode 125: Taxgirl Interview Nov 20, 2020

Show notes

Earlier this week, I was on the Taxgirl podcast. We spoke in depth about Low Income Taxpayer Clinics.

That episode is available here:

https://www.taxgirl.com/2020/11/17/tax-dispute-law-assistance-through-the-litc/

Taxgirl (Kelly Phillips Erb) also agreed to an interview on this podcast. You may know her as one of the public faces of taxes as she often writes for Forbes and Bloomberg. She also blogs and recently started her podcast through her website.

On this episode, she talks about the origins of the Taxgirl name, how she came to write for Forbes, about her private practice, and how she would spend a blank check for tax reform.

They were fun conversations on both podcasts so please tune in to both episodes.

Episode 124: Virtual Tax Conferences Nov 13, 2020

Show notes

2020 became the year for virtual tax conferences due to the COVID-19 pandemic. The ABA Section of Taxation had their May Meeting and Fall Meeting held virtually. There are other conferences being held virtually as well. The Kansas tax training I attend each year is doing a mix of virtual and in-person. What is the best approach? I talk through some of the pros and cons of doing virtual tax conferences.

Episode 123: November Updates Nov 06, 2020

Show notes

3 November updates covered in this episode - Economic Impact Payments, Tax Court case management system, and certain IRS notices resume.

Economic Impact Payments (EIPs) –

Nov. 10 is "National EIP Registration Day," part of a final push to encourage everyone who doesn't normally file a tax return to register to receive an Economic Impact Payment. "National EIP Registration Day" will take place just a few days ahead of the extended Nov. 21 registration deadline. This special event will feature support from IRS partner groups inside and outside of the tax community, including those that work with low-income and underserved communities.

Why does this matter if you could potentially get your EIP on the 2020 tax return? Because the EIP will look like the refundable credits and could be absorbed by tax liability. For those who need their EIP, that is another barrier to receiving this much-needed money from the IRS.

Tax Court case management system

In late 2020, the Tax Court will be launching DAWSON, the Court’s new case management system. The Court expects DAWSON to be active by December 28, 2020.To facilitate the transition to DAWSON, beginning at 5:00 PM Eastern Time on November 20, 2020, the current e-filing system will become inaccessible and all electronic files will become read-only.

For those of you needing to file electronically with the Tax Court, it will be unavailable after November 20 until it becomes available again in December!

Certain IRS notices resume

The IRS will resume issuing the 500 series balance due notices to taxpayers later this month. These notices were paused on May 9 due to COVID-19.

Although the IRS continued to issue most agency notices, the 500 series were suspended temporarily because of a backlog of mail at the IRS due to COVID-19. The IRS says their mail backlog is now “caught up enough” to account for the timely mailed payments. In late October or early November some taxpayers will begin seeing the updated 500 series notices with current issuance and payment dates.

The 500 series includes three different types of notices alerting taxpayers of varying stages of nonpayment — the CP501, the CP503 and the CP504.

The CP501 notice alerts individual taxpayers that they still have a balance due and provides their options.

The CP503 alerts taxpayers that the IRS hasn't heard from them and they may be subject to a lien if they don't pay.

The CP504 alerts taxpayers that they must pay their balances immediately or possibly face a levy of their state income tax refunds.

Episode 122: Virtual Tax Court Oct 30, 2020

Show notes

With the pandemic, the U.S. Tax Court is working on cases virtually. That means there are different procedures for the calendar call docket and trials with the Tax Court. The week of October 5, 2020, was the scheduled week for Tax Court cases in Kansas City. I provide details for the 6 cases called that day, how they were dealt with procedurally, and give insights into dealing with this new virtual world of Tax Court.

Episode 121: U.S. Tax Court Nonattorney Examination Oct 23, 2020

Show notes

What is involved in practice before the U.S. Tax Court? There are specific procedures for both attorneys and non-attorneys to be admitted to the Tax Court. This episode provides information about what is involved for non-attorneys to pass the examination in order to practice before the U.S. Tax Court. This episode also looks at the required forms and fees for admittance. Beyond that, non-attorneys have a large commitment of time, travel, and study in order to pass the exam. Did you know that the passage rate is between 5 and 19%? There are study groups that may help with your passage rate, but it could get expensive!

Episode 120: IRS Litigation Oct 16, 2020

Show notes

Last year, the Taxpayer Advocate Service released the Taxpayer Roadmap. I am doing a 6-part review of the various stages of the United States federal tax system as shown on the Taxpayer Roadmap. To find out more about the roadmap, use this link: https://taxpayeradvocate.irs.gov/roadmap Part 6 of the 6-part series is a look at Litigation with the IRS. This look at litigation will go down four paths. The first two deal with Tax Court, specifically the Notice of Deficiency or different types of Notice of Determination (innocent spouse, collection due process, whistleblower, etc.). From Tax Court, a taxpayer could potentially appeal the decision all the way to the U.S. Supreme Court. The third path is a refund suit in federal district court. The fourth path is filing a bankruptcy petition. However, there are several threshold rules regarding if a tax year’s liability qualifies to be discharged in a bankruptcy case. By touching on these different areas, I present the different ways a taxpayer can go through litigation to try to resolve tax issues with the IRS.

Episode 119: Appeals Oct 09, 2020

Show notes

Last year, the Taxpayer Advocate Service released the Taxpayer Roadmap. I am doing a 6-part review of the various stages of the United States federal tax system as shown on the Taxpayer Roadmap.

To find out more about the roadmap, use this link: https://taxpayeradvocate.irs.gov/roadmap

Part 5 of the 6-part series is a look at IRS Appeals. Appeals is often the department a taxpayer is working with when there is a dispute about the tax assessment and it is necessary to negotiate for a resolution regarding the result. Appeals may start to be involved when a taxpayer files a protest letter with the IRS. Appeals may also start to be involved after the taxpayer files a petition with Tax Court. Overall, it is best to gather all supporting documents to make the case, but be organized in making the case with Appeals in order to come to the best settlement.

Episode 118: Collections Oct 02, 2020

Show notes

Last year, the Taxpayer Advocate Service released the Taxpayer Roadmap. I am doing a 6-part review of the various stages of the United States federal tax system as shown on the Taxpayer Roadmap.

To find out more about the roadmap, use this link: https://taxpayeradvocate.irs.gov/roadmap

Part 4 of the 6-part series is a look at IRS Collections. Collections takes over when a taxpayer does not pay an amount owed to the IRS. This episode will discuss the process of actions taken by IRS Collections such as notices sent, the selection of cases worked and the seizure of assets leading to lien or levy enforcement. There are also alternatives available such as levy or lien relief, installment agreement, currently not collectible, bankruptcy, disagreeing with the assessment, Offer in Compromise or payment in full.

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