Minneapolis, MN asked in Tax Law for Minnesota

Q: We have a tax attorney who filed an OIC for us. Our OIC was returned because we didn’t file everything. I feel like the

Tax attorney should have caught all that before we sent in the OIC. They never said if everything wasn’t complete the IRS would take the 20% payment we had to send in and we’d have to pay another 20% to resend in the OIC once all papers were filed.

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1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: It is difficult without seeing what was submitted to tell you whether this should have happened or not. If you neglected to tell the attorney that you had an asset, for example, and did not provide the attorney the proper documents that is not their fault. If it is something that the attorney neglected to fill out or provide then you should have a discussion with your attorney.

I let all my clients know that they will lose their deposit if the OIC is rejected. It is odd that you were not given the opportunity to provide the required documents, however, beginning in March 2017 if you had a return that needed to be filed and was not filed prior to the Offer being submitted the IRS will reject your Offer and keep the deposit. The IRS does not allow you to remedy this if you file an Offer and a return is due. As I said there is not enough information for us to give you a complete answer.

I hope you did not use one of those places you saw advertised on tv and used a good tax attorney that will be responsive to your concerns. At this point if your attorney does not adequately address your concerns, it would not hurt to speak to someone else. Most of us offer a free consultation so you likely would not lose anything by calling someone.

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