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Form 9423 for Wyoming: What You Should Know

A filing fee is required to pay for this appeal. It is the taxpayers' responsibility to include any required documentation when preparing their form 9423. The deadline to file your appeal, or modify or terminate your agreement, is on the earliest of (1) the date on which the IRS receives your petition, (2) 30 days after you receive notification of the date by which your petition must be filed, or (3) the date on which you terminate the agreement. The IRS is looking for a number of factors to determine if a request has merit. Factors to Consider. The IRS looks at the following questions to determine if it should allow the request: Has the taxpayer: (1) been subject to a willful, flagrant, or outrageous failure by the taxpayer to pay taxes owed, or (2) paid or failed to pay the tax after being properly notified of the failure, or (3) failed to take any reasonable action to remedy the failure? Income Taxes that Were Paid or Failure to Pay (1) Has the taxpayer been subject to a willful (flagrant) or outrageous failure by the taxpayer to pay income taxes owed? For example, a taxpayer who fails to pay federal income taxes due on April 15th or later, or fails to pay the applicable state income tax on or after July 1st of any year, or fails to pay any other taxes due on or before April 15th, 2013. (2) Did the taxpayer pay or fail to pay the tax after being properly notified of the failure, or did the taxpayer take any reasonable action to remedy the failure? For example, by mailing the required check to the appropriate payee, or by making a payment to the IRS collection agency on time. (3) Did the taxpayer lose or fail to regain eligibility for the tax, prior to the due date of the tax, through fraud or criminal activity? For example, through theft, fraud, or falsity in the application for the tax, or the failure to pay. When Does the Collection Appeal Begin? The IRS is looking for the following factors in determining if a collection or petition has merit: The amount of the tax owed, the taxpayer's ability to meet the filing requirements of the IRS, the taxpayer's income and/or employment circumstances and any prior tax liens.

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