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9423 Form: What You Should Know

The IRS does not have the right to take collection action on penalties assessed in the past that are past due. If you are appealing a tax assessment, see your tax return, and have an interest in the amount of the tax and penalty paid, your appeal must address the amount of the unpaid tax and penalty. See the Form 9423 instructions here. “We don't appeal all deductions.

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How to complete any Form 9423 online:

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Video instructions and help with filling out and completing Form 9423

Instructions and Help about Form 9423

One of the differences between a CDP and a cap appeal is that each procedure has advantages and disadvantages. Your tax attorney will know which procedure will benefit you the most and bring your risk of a bad result down to the lowest level. A distant disadvantage in using a CBP is when the issue is a lien. By the time the issue is heard, the lien will already be a matter of public notice and will have negatively impacted your credit rating. Another disadvantage of a CDP is that it takes months to get through this procedure, rather than weeks with a cap appeal. A distinct advantage of the CDP over the cap procedure is that it ties the IRS's hands as to collection actions both proposed and actual while the appeal is being heard. This is the reason our office favors them. It gives you the ability to be heard by appeals without negative enforcement action being taken against you before your issue is heard. The biggest advantage is that it also preserves your right to go to court if appeals won't work with you and you can't reach an alternative collection methodology that works for you and the IRS. One distinct disadvantage in using a cap is that if you take your issue to appeals and you don't get a resolution that you can live with, you will bounce right back into collections, possibly back to the revenue officer that you're complaining about in the first place. Furthermore, you have no right to go to court to contest their collection action. Where I find cap appeals most advantageous is when the 30-day notice period to file a CDP appeal is past and I'm facing some action that the IRS is going to take that is detrimental to...