March 23, 2012
The relationship between the IRS and taxpayers who have tax problems is parallel to a citizen relationship with government, any government. It is a powerful Leviathan vs. a helpless governed. Anyone who is calling for additional power to the government should be the first put to hang by the very government he is advocating for.
What is a government anyway? A government is any police officer in the street. One that has the power to book you to later release you "because there was no charges to be pressed." It is any one in EPA, any one in immigration department, the CIA and the IRS.
It is a relationship between a citizen vs. citizen. One of the two has worn a uniform that gave him Devine mandate to be superior. One citizen who can be making mistakes and may apologize , at best, and moves on. The other citizen apologizes to be scoffed off and laughed at, "Don't you know that we need evidence. We need papers." Apology does not avail the hapless citizen, the normal citizen, the governed citizen. He needs to prove, always prove, apology won't do.
I submitted a package that was subject to an IRS audit. The package was left there somewhere in a stack somewhere in an office corner without being acted on. The IRS is tying up over four hundred thousand dollars to be held from the taxpayer until the IRS makes a decision on the case. You would think they will after one conference with them to have a tax resolution, after two conferences, after even ten conferences? Ten conferences did not do the trick. They would not start the tax audit and they would not allow the money to be released.
ten months later and complain upon compliant, they finally assigned the case to an auditor after taxpayer advocate gets into the picture to start the tax audit. The auditor, mighty, dignified and superior as always, wanted some papers which I have previously given to the IRS ( I sent all my documents twice because they lost the original documents or they don't want to look for it.) Then with full authority, the auditor in charge of the tax audit gives me a deadline of one week to send the documents.
Now I want to get this right. You have had the documents for several months without even looking at it. After I beg and scream murder to everyone that would listen, you give me one week? I will be happy to comply with the week. Actually I welcome the speed. But you would think there may be an apology and some consideration to allow taxpayers a space to comply, especially after the long negligence on their part. This is the government that errs and not be erred against, that derides but dare you dried back. This what I am talking about. "I don't care how many months you have been waiting. I just got it and you will do as you told," said the IRS voice on the other line.
Is this the tyranny that I am talking about? Is this the government power vs. the helpless citizen? Is this why I should scream? Is this why that we all should scream to a cacophony that vibrates into an earthquake shaking things up. I never like tyranny (no one else does, for that matter, I hope.) I am subjected to it. And in my effort to provide a tax help to my clients, I have to be obsequies. This is hard. No matter what tax resolution you seek to negotiate tax debt, or back taxes, expect to be facing a giant, a powerful citizen on the other side. Be courteous, show deference and lower your gaze. Otherwise, your offer in compromise or your tax audit may get more complicated. Don't magnify your tax problem.
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