Martin Martelle
 

 

  NEW! Click Here for our Free Article: DISCHARGING TAXES IN BANKRUPTCY

A primer for Attorneys about Discharging Taxes in Bankruptcy. 
   This article is designed to give the basics of  Discharge of Taxes in Bankruptcy.
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OBTAINING AND USING IRS TRANSCRIPTS

     In our office, we order an IRS transcript for any client about to file Bankruptcy who has taxes owing.  We also order them for every client we represent in our Tax Problem Resolution practice. 

     1. There are 3 basic types of IRS Transcripts that we order on a regular basis, although in most cases the MFTRA-X will suffice.

          a. MFTRA-X Transcript: This is a basic easy to read transcript which gives a complete history of all activity on a Taxpayers account for a particular period. These transcripts are a great place to start and to determine how much the IRS claims is owed, how much interest and how much penalties have accrued. They will tell you the dates returns were filed, the dates that assessments were made, whether there   were tolling periods, etc.We obtain and use them in almost every case. Be aware, that in some cases they may not tell the whole story, though. Particularly in Bankruptcy Discharge cases, they might not contain sufficient information to determine whether particular taxes are subject to discharge.

          b. Master File Transcript: This is a detailed and complex transcript.  It is set up year by year. There are codes for every entry and a translation sheet is needed to decipher the codes. This transcript can tell you for example, whether a particular return was filed by the Taxpayer or the Internal Revenue Service, it can tell you whether there was a fraud investigation and many other things.

          c. W2/1099 Transcript: This transcript will tell you what was reported as being paid to the taxpayer period by period. This is very useful if your client does not have these records and needs to file tax returns.


     2. We request transcripts using Practitioner Priority Service, telephone number (866) 860-4259. We have found in the last year that PPS is getting more particular about how we go about making those requests.
You may also use the Disclosure Office.  If the case is in the hands of a Revenue Officer, they can also obtain transcripts for you (and usually much more quickly).

The procedure for requesting transcript information is as follows:

     3. In order to have a legal assistant request the transcripts we use Form 8821, which is an authorization to release information when making the request.

     4. Once the form is filled out, you are ready to call PPS. Dial (866) 860-4259. You will be asked if this is a request for an individual or a business. Push 1 for an individual and 2 for a business.

     5.  You will be put on hold at this point until a PPS agent becomes available. This agent can be located at any of the service offices nationwide–you will never know where you will end up.

     6. At this point you will need to answer the questions the agent asks–each one has a different order or system and definitely some are easier to work with than others. We always inform the agent that we have a signed Form 8821 in our possession and ask if they would like us to fax it to them. They always do. They will need to give you the appropriate fax number for their office.

     7. They will take the information and order the transcript information you are requesting client by client so be prepared for this to take a little time. Sometimes we get an agent who works quickly, other times it takes a long time. It is best to be cooperative and pleasant but also familiar with what you are requesting. Sometimes the agent you are working with will give you incorrect information or is being difficult–we will often hang up and try again in hopes of getting an agent we can better work with.

     8. Now you have made your request this is what you can expect:

          a. W-2/1099 information can and is often faxed to us while we are on the phone with the agent. Request it if they do not offer. Depending on the number of pages involved they usually will agree to fax them to you on the spot.

          b. 1040 or 940/941 information can and will take usually 2 weeks to receive by mail. If the agent is on top of things they will receive the requested information on their desk in 2-3 days and then mail it on to you.

      Sometimes we have waited for a month and have not received the information we requested. We call PPS back, explain what the history of the request is and ask that it be reordered and sent to us expeditiously. (We keep really good records regarding our requests such as date ordered, agent identification number, fax number used and exactly what we requested and what the agent told us regarding the account.) There have been occasions when we have had to request the transcripts several times. Create a good tracking system just for this purpose.

      Once we have received our client’s transcripts we notify our client and set up an appointment to review them and make plans for the next step.
 

Reviewing and using the Transcripts

    The MFTRA-X transcript is readily understandable.  They are broken down year by year.  They contain information about whether the taxpayer or the IRS filed a return.  They show the amount of tax, interest and penalties.  They show prior bankruptcies, Offers in Compromise and other tolling factors.  They will show whether a lien has been filed and if so, when it was filed.  They are a wealth of information, both for Tax Problem Resolution and for Bankruptcy analysis.


 

Contact Us:
The Tax Group LLC
dba
Attorneys Tax Group
82 E. State St. Suite E
Eagle, Idaho 83616
1 877 TAX CREW
1 877 829 2739
Fax:208 938 8503
Martelle Law Offices PA
208 938 8500
webmaster@attorneystaxgroup.com

 

 

 



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