Taxing, Briefly
Assessment

Statutes of Limitation on Assessment and Collection

One of the most common questions I am asked by taxpayers is “How long can the IRS try to collect my liability?” It’s a good question, and one that would seem to have a quick, easy answer. Judging purely by the length of this article, however, the answer is never as simple as it might seem. On Statutes of Limitation on Assessment and Collection With the full understanding that “It depends” is the least satisfying

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Scott St. Amand November 12, 2021
Procedural Issues
Assessment

Procedural Considerations on Collection (Liens) – Part Three: Release or Discharge of a Federal Tax Lien

In the first article in our series on Federal tax liens, we discussed the IRS’s authority, and limits thereto, with regard to imposing and enforcing liens against taxpayers.  In the second article in this series on liens, we discussed the procedure and effect of filing a Federal tax lien. In this third article, we briefly discuss the release, discharge, or subordination of a Federal tax lien. Certificate of Release and Certificate of Discharge The IRS

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Scott St. Amand April 29, 2021
Procedural Issues
Assessment

Procedural Considerations on Collection (Liens) – Part Two: Effect of Tax Lien

As noted in the first article in this series, a federal tax lien is not valid as against any purchaser, holder of a security interest, mechanic’s lienor, or judgment lien creditor until appropriate notice of the lien has been appropriately filed by the IRS.[1] With respect to real property, the notice of lien must generally be filed only once in the office designated by the laws of the state in which the property subject to

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Scott St. Amand April 29, 2021
Procedural Issues
30-Day Letter

Procedural Considerations on Collection (Liens) – Part One: Authority and Limits on Assessment Imposition of Tax Lien

The flip side to the assessment coin is the IRS’s process of collection.  Collection procedures are really where the rubber meets the road for the IRS, which is charged with collecting the taxes imposed by the Code.[1] The IRS has two basic mechanisms for collecting an unpaid tax liability.  The first, which this article goes into in some detail, is the federal tax lien.  If the tax lien does not get the taxpayer’s attention, and

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Scott St. Amand April 29, 2021
Procedural Issues
Assessment

Procedural Considerations on Collection (Assessment) – Part Three: Termination and Jeopardy Assessments

In the first article in this series about collection and assessment, we explored the basics of assessment.  In the second article, we examined the nuances of deficiencies.  In this third article, we examine termination and jeopardy assessments. Termination Assessments If the IRS finds that a taxpayer aims to quickly do any act tending to prejudice or to render wholly or partially ineffectual proceedings to collect the income tax for the current or the immediately preceding

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Scott St. Amand April 29, 2021
Procedural Issues
90-Day Letter

Procedural Considerations on Collection (Assessment) – Part Two: Authority and Limits on Assessment

In the first article in this series about the IRS’s ability to assess tax and additions thereto, we explored the basics of assessment.  In this second article, we’ll examine deficiencies.  In the third article, we’ll examine termination and jeopardy assessments. Deficiencies, Generally For purposes of income, estate, gift, and excise taxes, a deficiency is the amount by which the tax imposed by the Code exceeds the amount of tax shown on the taxpayer’s return, plus

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Scott St. Amand April 29, 2021
Procedural Issues
Assessment

Procedural Considerations on Collection (Assessment) – Part One: Authority and Limits on Assessment

Assessment and collection of taxes are the IRS’s bread and butter, and arguably the very reason that the IRS exists at all.  Consequently, it is no surprise that two whole chapters of the Code are dedicated to assessment and collection.  In this article we will examine the statutes of limitation for assessments, as well as some of the idiosyncrasies of the assessment regime.  In two separate series of articles, we will delve into the IRS’s

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Scott St. Amand April 29, 2021
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Statutes of Limitation on Assessment and Collection

One of the most common questions I am asked by taxpayers is “How long can the IRS try to collect my liability?” It’s a good question, and one that would seem to have a quick, easy answer. Judging purely by the length of this article, however, the answer is never

Read More »
Scott St. Amand November 12, 2021