Ask TaxMama.Com Tax Information With A Mother's Touch Published by Eva Rosenberg, MBA, EA Volume 6, Issue 276        September 17, 2004

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Eliminate ACS » From: The Internet Dear TaxMama: Your article regarding the IRS in Monday Magazine (from August 1998) is very interesting. I have recently discovered that the ACS refuses to process claims filed (denying compliance), does not acknowledge or limit activities with respect to Civil Rights and Disabilities as described by IRS rules, the Justice Department and Taxpayer Bill of Rights. This has led to serious endangerment of health, in my case. As long as the ACS is allowed to operate in this manner, no true Taxpayer Bill of Rights or fairness exists. [Note: ACS = Automated Collections System] We are currently in the midst of this situation. We do not owe the IRS, but have a lien against or home and a levy on my husband's pay because the ACS has not decided to accept and process our return (which they have had since April). Any advice would be appreciated. How do you get a case removed from ACS? Again, your articles are very good. If the IRS wants recommendations for improvement: Eliminate the ACS in its current form, re-develop a system with software, logic and decision support to address all possibilities in returns (to avoid the 'black hole'). As an information systems professional, their system is a nightmare of errors (and would not exist in the business world). Thank you, Mary Dear Mary, I am not sure I understand what's going on with you. You haven't made anything really clear. ACS has no reason to have your tax returns. I can't imagine why you would file any tax returns with ACS. The system simply has random people answering phone calls when taxpayers call in. ACS doesn't assign specific case-workers. They just deal with what's right in front of them at the moment. They don't do follow-ups. If you sent in your tax return, did you send it in certified, or with a return receipt requested? If you did, and have proof IRS received it, that it is the filing date. So, now it's a matter of getting it processed. Frankly, at this point, if you're really facing financial hardship, you have two choices: Call the Taxpayers Advocate's office 877-777-4778 and get them to intercede on your behalf. You'll have to be much more specific about the situation, without all the political rhetoric. That doesn't explain anything or help you - it just sounds as if you're ranting. (Sorry, but I got nothing useful out of all those words.) You must be able to demonstrate that you have tried all avenues within IRS and gotten nowhere. The other alternative is to call a good, local tax professional who specializes in IRS collections issues. This is not a cheap alternative - so try the Advocate's office first. However, a good tax pro can pull a record of your account within a day or two and see exactly where you stand - and stop the trouble. Meanwhile, call IRS. Be very, very polite. Ask them to put a hold on collection for 60 days, until you can get help. Remember, the person answering your call is not your enemy. They are there to try to help you. Don't throw laws at them - that is the best way to guarantee you get poor service and hostility. I thank you for your very kind words to ME - now talk to IRS that nicely, and you'll be amazed at how helpful they will be. Incidentally, you can request a transcript of your account using Form 4506-T. It will take about two weeks to get, but it will give you a printout of all the activity for that year or those years. Oh yes, there is one other thing you can do - if they won't process your return - simply refile it. Walk in to an IRS office. Bring an extra copy of the top page so they can stamp that as a receipt. (i.e. you can prove WHAT they received when you do that.) And file it in person. Good luck. I know it's a frustrating, blood-pressure-raising experience, dealing with IRS on collections issues. But back off, take a deep breath - and stop increasing your own stress. Best wishes, Eva Rosenberg Your TaxMama

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