

- Dose cpa study material tax deductible manual#
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The amounts of these specific expenses are allowable as deductions to the taxpayer according to the amounts of the national standards, even if the actual amount spent by the taxpayer is lower (IRM 5.15.1.7.3). National standards are established for food, clothing, housekeeping supplies, and personal care services, as published by the Bureau of Labor Statistics Consumer Expenditure Survey. These standards must be reasonable based on the size of the family and the geographic location of the taxpayer, considering any unique circumstances, with the total establishing the minimum amount that the taxpayer and his family require to provide for themselves (IRM 5.15.1.7.2). The allowable living expense standards provide for the taxpayer and his family’s health and welfare or production of income (IRM 5.15.1.7.2). After the taxpayer’s gross income is determined, the allowable expenses are separated in several categories: 1) allowable living expenses, which are based on national and local standards 2) other necessary expenses that meet certain criteria regarding their necessity and 3) other conditional expenses that may be allowable under the circumstances of the particular taxpayer (IRM 5.15.1.7.1). The stated purpose of these provisions is to provide instructions for securing, verifying, and analyzing financial information this data provides the basis for determining a taxpayer’s ability to pay delinquent tax liabilities and enables collection personnel to make appropriate collection decisions to resolve cases (IRM 5.15.1.1).Ī taxpayer’s gross income generally includes wages, business income, and investment income (e.g., interest, dividends, capital gains, rental income).
Dose cpa study material tax deductible manual#
The determination of a given taxpayer’s RCP comes largely from stipulations in the Internal Revenue Manual (IRM).
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The IRS will most likely accept an offer based on doubt as to collectability if it is unlikely that the tax can be collected in full and the offer reasonably projects the amount the IRS could collect through other means, including both administrative and judicial collection efforts. The goal is to determine what is commonly referred to as the reasonable collection potential (RCP), that is, the amount the IRS could reasonably expect to collect through litigation considering the uncertainties of the process (Revenue Procedure 2003-71, section 4.02(2), 2003-2 CB 517). In evaluating a taxpayer’s financial condition and ability to pay, the OIC provisions provide for the analysis of income, expenses, assets, and liabilities. In this situation, the taxpayer claims that personal finances do not provide the ability to pay the liability in full, and seeks to pay a lower amount (or even nothing). īy far, the most common grounds for submission of an OIC is doubt as to collectability. A need to promote effective tax administration because either 1) collection of the full amount would cause economic hardship for the taxpayer or 2) compelling public policy or equity considerations provide a sufficient basis for compromising the liability.

For the IRS to enter into a compromise agreement with the taxpayer, the following conditions must be met:
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When the debt is so substantial with respect to a taxpayer’s overall financial position that he may not be able to satisfy the debt in full, or there is a real risk of financial ruination, the taxpayer can seek to compromise that debt, resulting in payment of a lower amount than the total due.Ī compromise is an agreement between the taxpayer and the IRS that is a result of the taxpayer making an Offer in Compromise (OIC) under Internal Revenue Code (IRC) section 7122 (Preamble to TD 9007, July 18, 2002). The taxpayer can, of course, borrow the money from a third party to satisfy the debt to the IRS, or even arrange for an installment payment agreement with the IRS. In situations where a taxpayer has a greater tax liability than funds, there are several options available.
