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Form 12153 online PA: What You Should Know

An appeal hearing can be requested, after filing IRS form 12153 for a CDP or “Equivalent Hearing,” or a “Collection Due Process Hearing,” for a Notice to Appear (TNA) for any reason other than a lien or levy. An appeal hearing is granted if the Internal Revenue Service finds one of the following conditions have been met to allow a hearing: One or more prior Appeals Hearing Request Letters; or A filing error has been discovered; or A lien or levy is not pending, the lien or levy was not validly filed and there is now pending action or proceeding involving the same or similar matter. Requesting Taxpayer Appeals Hearing To obtain an IRS process hearing, you must first send a written request to the Notice to Appear (TNA) and/or Appeal Authority for the tax return or payment. In the request to appeal, the IRS must show that the original taxpayer's appeal or Notice to Appear, is without merit, and is denied. If the IRS files Form 362 within 30 days of the date the tax return or payment was due to become due, the original taxpayer may request a hearing. See IRS Forms 362 and 3700 for instructions. For information on how to file a notice of deficiency, see IRS Publication 960 for more information. After receiving your information request package with the Notice to Appear and/or Appeal Authority for the tax return or payment, you need to mail it to the Notice to Appear (TNA) or Appeal Authority. However, you will NOT request a hearing in person or by phone. It is best to use faxed or emailed information if you have an email account. File an Answer You have until 30 days from the date of the Notice to Appear to mail in the tax return or the information, as applicable. See IRS form 8621 for deadlines to file an answer. If you mailed your request but did not receive a reply from the TNA or Authority within 30 days, you must file an appeal, filing form 8813 and/or Form 2066 within 30 days. If you need to appeal through a Tax Court, see IRS Publication 560 for more information. If you need special help filing your answer, see IRS Publication 502B for further information on how to file a form and how to fill in the form correctly.

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