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Lakeland Florida Form 12153: What You Should Know

Form 12153: Request for a Collection Due Process or Equivalent Hearing, Form 12153(Rev. 12-2013) (PDF) If you are representing yourself, do not include an attorney on the date you request the hearing. If you are representing yourself, you have no obligation to attend the hearing. However, it is your last opportunity to convince the IRS to return any penalty you paid. The IRS will pay your penalties if you appear before them, but only for 30.5 calendar days after you receive a Notice of Federal Tax Lien. If you do not appear, the IRS will still recover your penalty from any creditor if that creditor is within the 30.5 calendar day limit when the penalty is due. The IRS does not consider a late-filed return. If you are under 70 years of age and do not attend the hearing, the IRS can file a collection suit to collect from you. You may be able to negotiate your way out of collection by waiving your right to a hearing. The amount you owe may be waived if: (a) you are not required to file a Federal income tax return or pay the taxes; (b) the IRS provided you with a Notice of Federal Tax Lien; or (c) you were given prior written notice concerning that you have filed an I.R.C. 2103(a)(3), which provides that the failure to file an I.R.C. 2103(a)(3) return, or to pay any tax, will subject you to the assessment of a penalty under section 6695. If not waived, the waiver shall be effective for 1 year, unless extended upon the expiration of the 30.5-calendar day period set forth in paragraph (b) or the extension is revoked by the Commissioner by filing a Notice of Appeal. If you are under 70 years of age and your right to a hearing has been waived, your refund will be delayed until after the IRS has collected the remaining amount of your penalty.  The IRS has 15 days after you have appeared to mail you written notice that the case has been filed. What Happens If You Don't Attend Court? If you do not appear at the hearing of your motion to dismiss, the IRS will send you a notice that you have failed to appear. You will be provided with 30.5 calendar days to file Form 843, Petition for Redetermination of Withholding.

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