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Form 12153 Sterling Heights Michigan: What You Should Know

Let's review the IRS Form 12143. CDP, PRE or PRA Form 1. The form 12143 “Procedural Due Process” In the event that a party in interest requests a Procedural Due Process hearing, a person has the burden of 1) producing additional evidence to support his or her assertion that the CDP is invalid or 2) establishing the legal or equitable grounds upon which the party seeking a Procedural Due Process hearing seeks to establish that the CDP or PRE are invalid. To establish the legal or equitable grounds to restore or deny the validity of the CDP or PRE, a party in interest must establish by clear and convincing evidence: 1) that the party filed no more than one CDP in respect of a property at issue in the proceeding, or 2) that the property or property interest alleged in the CDP does not entitle the party to any particular tax benefit because of an error in assessment. If the CDP, PRE or PRA form has been filed successfully, and no appeal of the valuation order has been filed, the value of the property at issue in the proceeding shall be returned to the party requesting the CDP, PRE or PRA notice. If an appeal of a valuation order has been filed, the IRS determines whether the CDP, PRE or PRA form was properly filed. If the CDP, PRE or PRA form is not properly filed, the IRS is required by Federal law to hold a hearing on the issue. The determination of whether the CDP, PRE or PRA form has been properly filed is a factual determination under the Administrative Procedure Act (APA).  To be considered a timely determination in accordance with section 7517 (i) of the United States Code (the “U.S. Treasury Regulation Section 7517 Act”), a determination by the IRS of whether a tax return filed in accordance with section 6013 constitutes timely filed, is the final determination. Any other claim that has been pending for more than 180 days, is not, and never has been, final. Consequently, as it is not clear and convincing evidence in this case, this determination is, at this juncture, not final, and any potential appeal of the valuation order is moot. Let's review the IRS Form 5471, Notice to Claimant of a Reinstatement of a Personal Property Tax Assessment.

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