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One of the differences between a CDP and a cap appeal each procedure has advantages and disadvantages your tax attorney will know what's procedure will benefit you the most and bring your risk of a bad result down to the lowest level 1 distant disadvantage in using a CBP is where 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 this gives you the ability to be hurt by appeals without the 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 to your issue that you can live with your bounce right back into the collections possibly back to the revenue officer that you're complaining about in the first place and furthermore you have no right to go to court to contest their collection action where I find cap appeals most advantageous is where the 30 day notice period to file a CDP appeal is ticked and I'm facing some action that the IRS is going to take this detrimental my client and I still need to be able to grab the high ground and tie their hands for example if you're facing a wage garnishment bank levy or a publicly it's possible to tie their hands before that action is taken through a cap appeal so cap appeals are really useful when you want the issue take weeks rather than months to deal with if you're after that 30-day notice period this may be the only way to halt a proposed collection action that you can't live with this includes the posting of a public lien a wage garnishment or the cancellation of existing installment agreement just to reiterate if you file a CDP request after the 30-day period it's going to revert into an equivalency hearing in equivalency hearing the IRS's hands are not tied while your issue is being considered by appeals in a cap the IRS's hands are tied while the IRS appeals the vision has a chance to make a determination on your issue.