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Form 12153 for Carlsbad California: What You Should Know

Form 7465, or Form 3460, if the notice was issued for income tax purposes. A notice is issued through an ESB notice, the IRS is preparing a notice of deficiency, or as part of a penalty assessment. If filing electronically, use Form 2444, Request for electronic filing of information returns, in response to a notice. For more information, see About ESB Notices. Who can use Form 12153? If you have a dispute with the IRS, you can request a CDP hearing on either a final notice of federal tax deficiency or a notice of tax interest. This is a hearing before an IRS officer or a tax court.  Taxpayers can request a CDP hearing based on: a notice of deficiency for which all tax due is still not paid, or the IRS has not yet determined whether to issue a notice of deficiency for the tax year. What happens at a CDP hearing?  The request for a CDP hearing is filed with an ESB office. A taxpayer can not file a response to the notice. The filing date for the hearing begins on the date on which the notice is posted to the Internet, except in the case of a notice of deficiency. In the hearing, a taxpayer will submit the following evidence: a valid notice of due date or of a deficiency determination for the tax year that can be shown to the ESB clerk; a valid return or other statement that was filed for the tax year with the IRS; a statement that demonstrates the taxpayer's reason for filing a claim with the IRS; if the taxpayer is filing an amended return and claims an income tax exclusion, then the taxpayer must submit a separate claim based on the amended return and other evidence that can be shown to the ESB clerk. ESB may require an independent verification of the taxpayer's circumstances that may include a certified copy of the original return; or a copy of the original tax return if filed using a self-certificate, if that individual has received a form 1040, 1040A, 1040EZ, 1040F, or 1040G. The ESB will inform the party of its position on the request. The ESB may hold the hearing for 30 days, if necessary. If the party does not request the extension of time to respond, the ESB will render a decision on the request within 15 days.

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