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What happens at a Collection Due Process Hearing Form: What You Should Know
Hearings. If your claim is being heard in this way do not give up. You cannot be ordered into removal proceedings and must continue to litigate this issue in court. You can obtain IRS Form 12153 by going to the website and obtaining the form. Do not delay. If your claim is in hand, file quickly. What is the Notice of Collection? The collection notice is a notice informing you of a pending case with the IRS at the IRS Office of Appeals — the agency's headquarters field office — and also the name and address of the taxpayer and how to file. The notice does not mention or threaten debt, which is the main purpose of enforcement proceedings. In the collection notice the IRS says that a debt has accrued in the name of a specific taxpayer. If the amount of the debt is not immediately apparent, then it is important to know that it will be listed in “the collection account.” The collector then provides the following information and says that it “will be served by a summons (form 1220), with a summons attached to the notice.” What a summons is and who can be served With a summons, the collector will contact the taxpayer's listed creditors and take the appropriate action. If the debtor cannot be contacted or does not have a debt with the collector, it should be served on the IRS. You will receive a summons at your door. This must be done in person, by a local U.S. mail officer or by a private messenger in your vicinity. You should be prepared with a signed copy of the summons, a signed return receipt for the summons, the date it was received and a return receipt copy of the summons. What can the collector do if the alleged debtor is not in the U.S.? The collector will request a copy of the debtor's passport or other travel document. If the debtor is not present for a summons and the claim cannot be determined, can a collector serve the alleged debtor, or the IRS, with a summons? No. A collector cannot serve the IRS or a specific individual, such as an individual in certain circumstances. For example, a collector cannot serve the collector's supervisor. A collector will only be considered to have served the taxpayer when a taxpayer contacts the collector, and the collector has a reasonable belief that the taxpayer has filed a complaint with the IRS. The IRS cannot provide the specific information to make a proper determination.
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