IRS CP504 (Intent to Levy) - What are my Options

[North Atlantic]

Once again, thank you for the replies. I have prepared my returns from 2012, 2013, and 2014 and am ready to file them and will have 2015-18 ready shortly also. So I read the CP 504 notice in its entirety and there is language advising me of my rights to appeal and to file for a CDP hearing. The way to request such a hearing is to fill out form 12153, and upon reviewing that form there does not seem to be any option to request dismissal based on filing missing returns and eliminating most of the amount claimed due.

So is the correct procedure to send those returns by certified mail and simply call the IRS?

Or is there a specific legal procedure I need to follow to have the correct amount due recognized by the IRS?

 

[Taxing Matters]

So is the correct procedure to send those returns by certified mail and simply call the IRS?

Or is there a specific legal procedure I need to follow to have the correct amount due recognized by the IRS?

If you were my client I would prepare a Form 1040X (the amended return form) to put on top of each return you are filing that is adjusting returns that the IRS prepared for you. Alternatively for those returns it may work to put in big red letters at the top of the return "Amended return" thought that wouldn't be my preferred way to do it. For years the IRS has not prepared returns for you, those you just file normally.

As for the response for the CDP hearing, I would prepare and send in the Form 12153. Check the box in block 6 for "proposed or actual levy", do NOT check the box in Block 7, and in Block 8 check "Other" and explain that you anticipate that amended returns you filed to correct IRS substitute for return (SFR) assessments will satisfy the liability and if it doesn't you may need an installment agreement to pay it. Again, the main goal here is to delay potential levy action until the IRS has a chance to act on your returns.

 

[davew9128]

Technically the older years returns are considered "SFR Reconsiderations" by IRS.

 

[Taxing Matters]

Technically the older years returns are considered "SFR Reconsiderations" by IRS.

Right, but the actual process to correct them (the input) is pretty much the same as an amended return.