The Indianapolis-based law firm Bose McKinney & Evans LLP is pleased to announce that attorney Steven Badger will join newspaper editors from around the state to serve on a panel to discuss journalism and online ethics. Hosted by the Associated Press Managing Editors (APME), the panel discussion on May 17 in Indianapolis.
The panel will discuss the legal and ethical issues involved with online forums, sourcing for blogs, re-publication of content taken from the Web, and journalists who participate in online comments relating to their stories.
APME is a professional network, a resource for helping editors improve their news coverage and newsroom operations. Its committees and annual conferences bring editors together to share ideas and discuss the future of the industry.
A resident of Zionsville and a member of Bose McKinney & Evans' Litigation Group, Badger is experienced in commercial and complex business litigation matters, including cases involving media law and the First Amendment.
Badger is a member of the American, Seventh Circuit, Indiana and Indianapolis Bar Associations. He is a former chair of the Indiana State Bar Association's Civil Rights of Children Committee, member of Indianapolis Law Club, former member of the Second Indiana Conclave on Legal Education and former member of the Marion County Board of Zoning Appeals.
He earned a Bachelor of Arts degree from Wabash College summa cum laude and his law degree from the Indiana University School of Law summa cum laude in Bloomington. During law school he was a managing editor of Indiana Law Journal.
Bose McKinney & Evans provides a full-range of legal services to large and mid-size privately owned businesses, publicly traded companies, high-tech organizations and governmental entities. The firm's offices are located in downtown Indianapolis, in Meridian Corporate Plaza Two on the north side of Indianapolis, in West Lafayette, Ind., in Northwest Indiana, in Raleigh, N.C. and in Washington, D.C. Bose McKinney & Evans is a member of ALFA International, a worldwide network of law firms. The firm's Web address is www.boselaw.com.
Wednesday, May 14, 2008
Law Firm Goes "Green" - Saves Resources
The legal profession revolves around offices, boardrooms and courtrooms - not the most energy-intensive environments - but it also involves lots and lots of paper.
"It turns out lawyers use a lot of resources," said Timothy B. Borchers, managing partner of Borchers Ware & Guglielmo, P.C. "Though we sit in offices all day, we use 10 times the normal amount of paper. Because of our 'paranoia,' we like to have a copy of everything."
So Borchers' firm broke with tradition, and is now printing double-sided, single-spaced documents and not printing e-mail whenever possible. He said the firm is saving about a ream of paper per week.
The firm then started buying recycled paper. It also installed programmed thermostats and a small water heater underneath the sink to conserve water. And there is a new office policy allowing employees to work from home one day per month - if they work an extra 15 minutes per day the rest of the month - to encourage staff to drive less.
For its efforts, the firm is being honored today by the Massachusetts Bar Association as one of four leaders in the association's "Lawyers Eco Challenge" to run more environmentally friendly law firms.
"You can try to do a big thing for the environment or a lot of little things," Borchers said. "A lot of little things are easy to do, it saves just as much in the end, and it works for the office."
More than 50 firms have joined the challenge since the Massachusetts Bar Association issued a set of "green guidelines" earlier this year. Other changes made by the three other firms being honored today include commuting by public transportation, recycling printer cartridges, and changing to more efficient light bulbs.
"The membership has been amazingly supportive," said association President David W. White Jr. "Lawyers can be leaders not just on legal issues, but also on social issues. People feel it's good for the image of lawyers to show we have environmental concerns and will take steps to do something about it."
His firm, which practices personal injury law, has installed motion-detector lights, changed to more efficient bulbs and is using recycled paper for its copier and letterhead.
Borchers, whose firm specializes in estate planning and real estate, said the changes are not hurting business. They have been "invisible" to clients, and will eventually pay for themselves in energy savings. The biggest obstacle was convincing his 12-person staff to change their work habits, he said, but now everyone is on board.
"There's something about the atmosphere - people are getting excited about this," Borchers said. "Everybody's proud of it and it's helped team building."
"It turns out lawyers use a lot of resources," said Timothy B. Borchers, managing partner of Borchers Ware & Guglielmo, P.C. "Though we sit in offices all day, we use 10 times the normal amount of paper. Because of our 'paranoia,' we like to have a copy of everything."
So Borchers' firm broke with tradition, and is now printing double-sided, single-spaced documents and not printing e-mail whenever possible. He said the firm is saving about a ream of paper per week.
The firm then started buying recycled paper. It also installed programmed thermostats and a small water heater underneath the sink to conserve water. And there is a new office policy allowing employees to work from home one day per month - if they work an extra 15 minutes per day the rest of the month - to encourage staff to drive less.
For its efforts, the firm is being honored today by the Massachusetts Bar Association as one of four leaders in the association's "Lawyers Eco Challenge" to run more environmentally friendly law firms.
"You can try to do a big thing for the environment or a lot of little things," Borchers said. "A lot of little things are easy to do, it saves just as much in the end, and it works for the office."
More than 50 firms have joined the challenge since the Massachusetts Bar Association issued a set of "green guidelines" earlier this year. Other changes made by the three other firms being honored today include commuting by public transportation, recycling printer cartridges, and changing to more efficient light bulbs.
"The membership has been amazingly supportive," said association President David W. White Jr. "Lawyers can be leaders not just on legal issues, but also on social issues. People feel it's good for the image of lawyers to show we have environmental concerns and will take steps to do something about it."
His firm, which practices personal injury law, has installed motion-detector lights, changed to more efficient bulbs and is using recycled paper for its copier and letterhead.
Borchers, whose firm specializes in estate planning and real estate, said the changes are not hurting business. They have been "invisible" to clients, and will eventually pay for themselves in energy savings. The biggest obstacle was convincing his 12-person staff to change their work habits, he said, but now everyone is on board.
"There's something about the atmosphere - people are getting excited about this," Borchers said. "Everybody's proud of it and it's helped team building."
Horack Talley - First in Carolinas
Today the law firm of Horack Talley announced participation in the Law Firm Climate Challenge, a multifaceted program run by the American Bar Association in collaboration with the US Environmental Protection Agency. As part of its commitment as a Green Power Leader in the ABA-EPA Law Office Climate Challenge, Horack Talley is eliminating more than 100% of the greenhouse gas emissions generated from its electricity use with the purchase of low-carbon renewable energy credits from Renewable Choice Energy. The firm has instituted “Best Paper Practices” as delineated in the Challenge, and is participating in WasteWise, EnergyStar, and Green Power, three EPA programs. The Challenge only requires participation in one of these programs; Horack Talley has opted to participate in all of them.
As part of the program, Horack Talley has purchased renewable energy from cleanSOURCE, a national Green-e certified mixed renewable energy product comprising credits from biomass, small-scale hydroelectric, geothermal, and wind providers. The estimated environmental benefit of Horack Talley’s participation is equivalent to the carbon-offsetting that would be achieved by planting 2229 trees or by not driving over 590,000 miles.
“Horack Talley is showing leadership among law firms for their commitment to purchasing renewable energy,” said John E. Johnson, Sales Manager for Renewable Choice Energy (RCE). RCE is one of only four firms certified by Green-e. The Green-e program is administered by the nonprofit Center for Resource Solutions, the nation’s leading independent certification and auditing program for renewable energy. It provides an objective standard for consumers and firms to verify that renewable energy purchases are directed.
To kick off the Law Firm Challenge, Horack Talley created a baseline of energy and paper usage, recycling and other energy-related programs in September of 2007. Since then, the firm has implemented further improvements with battery recycling, bottle and can recycling, has expanded paper recycling significantly, now purchases paper with 30% recycled content, and has policies in place for energy usage. In addition, the firm has held a public transportation lunch and learn session with CATS, and encourages use of public transit with a monthly drawing.
Efforts are ongoing. This month Horack Talley is purchasing mugs for each employee to offset usage of paper cups, and has set copiers to default to two-sided copying, and instituted two-sided printing in accounting, which produces reams of information each month.
“We’re saving 12,000 sheets of paper a quarter just by printing our pre-billing on both sides,” said Scott Callendar, facilities manager. “Just in accounting in a year, that’s about 48,000 sheets of paper we’re not using,” he added. The company is now a Green Power Partner at the leadership level. Horack Talley has purchased green power in the amount of 101% of their total energy usage per year. As of the April 16, 2008 EPA report, only six other law firms in the country are Green Power Leaders.
Horack Talley serves the Charlotte region and beyond in real estate, creditors’ rights, tax planning and wealth management, commercial litigation, green initiatives, and family law. For more information on the ABA / EPA Law Firm Climate Challenge and Horack Talley’s participation in it, please contact Thea Grace Morgan at 704.716.0887
As part of the program, Horack Talley has purchased renewable energy from cleanSOURCE, a national Green-e certified mixed renewable energy product comprising credits from biomass, small-scale hydroelectric, geothermal, and wind providers. The estimated environmental benefit of Horack Talley’s participation is equivalent to the carbon-offsetting that would be achieved by planting 2229 trees or by not driving over 590,000 miles.
“Horack Talley is showing leadership among law firms for their commitment to purchasing renewable energy,” said John E. Johnson, Sales Manager for Renewable Choice Energy (RCE). RCE is one of only four firms certified by Green-e. The Green-e program is administered by the nonprofit Center for Resource Solutions, the nation’s leading independent certification and auditing program for renewable energy. It provides an objective standard for consumers and firms to verify that renewable energy purchases are directed.
To kick off the Law Firm Challenge, Horack Talley created a baseline of energy and paper usage, recycling and other energy-related programs in September of 2007. Since then, the firm has implemented further improvements with battery recycling, bottle and can recycling, has expanded paper recycling significantly, now purchases paper with 30% recycled content, and has policies in place for energy usage. In addition, the firm has held a public transportation lunch and learn session with CATS, and encourages use of public transit with a monthly drawing.
Efforts are ongoing. This month Horack Talley is purchasing mugs for each employee to offset usage of paper cups, and has set copiers to default to two-sided copying, and instituted two-sided printing in accounting, which produces reams of information each month.
“We’re saving 12,000 sheets of paper a quarter just by printing our pre-billing on both sides,” said Scott Callendar, facilities manager. “Just in accounting in a year, that’s about 48,000 sheets of paper we’re not using,” he added. The company is now a Green Power Partner at the leadership level. Horack Talley has purchased green power in the amount of 101% of their total energy usage per year. As of the April 16, 2008 EPA report, only six other law firms in the country are Green Power Leaders.
Horack Talley serves the Charlotte region and beyond in real estate, creditors’ rights, tax planning and wealth management, commercial litigation, green initiatives, and family law. For more information on the ABA / EPA Law Firm Climate Challenge and Horack Talley’s participation in it, please contact Thea Grace Morgan at 704.716.0887
Mitchell Williams Expands Austin Office
The law firm of Mitchell Williams Selig Gates & Woodyard of Little Rock said this week that it has expanded its Austin, Texas, office with the addition of several local attorneys.
Mitchell Williams, which also has offices in Rogers, said attorneys from Long Burner Parks & DeLargy are joining the firm. Burnie Burner, Larry Parks and Betty DeLargy will join as new members. Bruce McCandless and Julie Pomerantz will join as counsel, the firm said.
"We are excited to add the attorneys of Long Burner to our firm who bring their impeccable reputation for service in the legal community," Harry Hamlin, managing director for Mitchell Williams, said in a news release. "Their direct experience with insurance, transactional and litigation matters will be instrumental as Mitchell Williams continues to grow its practice in Austin."
The attorneys regularly represent clients before the Department of Insurance, the Comptroller of Public Accounts, and other Texas state agencies, as well as in Texas state and federal courts.
Mitchell Williams, which also has offices in Rogers, said attorneys from Long Burner Parks & DeLargy are joining the firm. Burnie Burner, Larry Parks and Betty DeLargy will join as new members. Bruce McCandless and Julie Pomerantz will join as counsel, the firm said.
"We are excited to add the attorneys of Long Burner to our firm who bring their impeccable reputation for service in the legal community," Harry Hamlin, managing director for Mitchell Williams, said in a news release. "Their direct experience with insurance, transactional and litigation matters will be instrumental as Mitchell Williams continues to grow its practice in Austin."
The attorneys regularly represent clients before the Department of Insurance, the Comptroller of Public Accounts, and other Texas state agencies, as well as in Texas state and federal courts.
Michelin's Micali joins Ogletree, Deakins
Ogletree, Deakins, Nash, Smoak & Stewart said that Jim Micali, president and chairman of Michelin North America, will join the law firm as a senior business advisor and counselor after he retires from the tire maker in August.
Advertisement
"We've known Jim for a long time in the Greenville community," said Gray Geddie, managing shareholder of Ogletree Deakins, and his association with the law firm would continue that relationship.
"He has knowledge of the business community" Geddie said. "We are pleased to have Jim's guidance and counsel as we continue to compete nationally in a global economy. His business acumen will be a great asset to the firm and its clients."
Jimmie Stewart, a founding partner in the firm whose clients include automotive industry companies, said Micali's immersion in the automotive industry "will definitely be an asset."
The last couple of decades have been transitional for the industry, he said, and Michelin's continued success as a Tier 1 supplier has given Micali great knowledge of the industry and the players, Stewart said.
Micali, 60, said, "I've enjoyed my time at Michelin. We've got some wonderful people here. I leave with a sense of gratitude" for the 31 years he's spent with the tire maker, first in the legal department and since 1996 as head of the company's North American operations.
And, "I'm looking forward to working with Ogletree Deakins," a company with a national footprint, especially in labor law, he said.
Micali, a native of Boston, will retire on Aug. 15. He joined Michelin in 1977. He has been a member of Michelin Group's worldwide Executive Council since 2001.
About six weeks after his retirement, Micali plans to begin working part-time with Ogletree Deakins. He also will consult with Michelin and has several other opportunities at which he is looking, he said.
"I'm hoping to play an advisory role to Ogletree Deakins" in labor law and business needs, he said. "Ogletree Deakins is a well established and very reputable national labor law firm. I'm hoping people will welcome my legal advice."
The firm often deals with complex labor issues, and Micali said he hopes to assist the firm in helping clients deal with those issues.
Micali's experience in dealing with both union and non-union work forces will be helpful because many of the firm's clients face the same situation, Stewart said.
Although Micali has not worked in law since 1995, he said he's excited about moving back into the legal realm.
He began his career in a law firm in Providence, R.I., and in 1985 was named general counsel and secretary for Michelin North America. He was named vice president of the North American legal and financial functions in 1990 and took over leadership of the company in 1996.
He also is on the board of Sonoco, SCANA Corp. and Ritchie Bros. Auctioneers. He is a past chairman of the South Carolina Manufacturers Alliance and is currently chairman of the South Carolina Chamber of Commerce.
Micali said he is pleased to be able to advise and practice law with what he considers the premium labor law firm in the country.
Stewart compared Micali with a three-legged stool -- expertise in law, in-depth knowledge of finance through his Michelin career and expertise in running a business.
"All of those will help us," he said.
Geddie said, "I think it's great for Greenville" that Micali, a long-time community leader, will continue his presence here. Ogletree Deakins began its practice in Greenville and Atlanta in 1977. It now has more than 400 attorneys, with its largest office and most of its administrative staff in Greenville. The firm has 33 locations nationwide and is one of the three largest labor and employment law firms in the United States.
Advertisement
"We've known Jim for a long time in the Greenville community," said Gray Geddie, managing shareholder of Ogletree Deakins, and his association with the law firm would continue that relationship.
"He has knowledge of the business community" Geddie said. "We are pleased to have Jim's guidance and counsel as we continue to compete nationally in a global economy. His business acumen will be a great asset to the firm and its clients."
Jimmie Stewart, a founding partner in the firm whose clients include automotive industry companies, said Micali's immersion in the automotive industry "will definitely be an asset."
The last couple of decades have been transitional for the industry, he said, and Michelin's continued success as a Tier 1 supplier has given Micali great knowledge of the industry and the players, Stewart said.
Micali, 60, said, "I've enjoyed my time at Michelin. We've got some wonderful people here. I leave with a sense of gratitude" for the 31 years he's spent with the tire maker, first in the legal department and since 1996 as head of the company's North American operations.
And, "I'm looking forward to working with Ogletree Deakins," a company with a national footprint, especially in labor law, he said.
Micali, a native of Boston, will retire on Aug. 15. He joined Michelin in 1977. He has been a member of Michelin Group's worldwide Executive Council since 2001.
About six weeks after his retirement, Micali plans to begin working part-time with Ogletree Deakins. He also will consult with Michelin and has several other opportunities at which he is looking, he said.
"I'm hoping to play an advisory role to Ogletree Deakins" in labor law and business needs, he said. "Ogletree Deakins is a well established and very reputable national labor law firm. I'm hoping people will welcome my legal advice."
The firm often deals with complex labor issues, and Micali said he hopes to assist the firm in helping clients deal with those issues.
Micali's experience in dealing with both union and non-union work forces will be helpful because many of the firm's clients face the same situation, Stewart said.
Although Micali has not worked in law since 1995, he said he's excited about moving back into the legal realm.
He began his career in a law firm in Providence, R.I., and in 1985 was named general counsel and secretary for Michelin North America. He was named vice president of the North American legal and financial functions in 1990 and took over leadership of the company in 1996.
He also is on the board of Sonoco, SCANA Corp. and Ritchie Bros. Auctioneers. He is a past chairman of the South Carolina Manufacturers Alliance and is currently chairman of the South Carolina Chamber of Commerce.
Micali said he is pleased to be able to advise and practice law with what he considers the premium labor law firm in the country.
Stewart compared Micali with a three-legged stool -- expertise in law, in-depth knowledge of finance through his Michelin career and expertise in running a business.
"All of those will help us," he said.
Geddie said, "I think it's great for Greenville" that Micali, a long-time community leader, will continue his presence here. Ogletree Deakins began its practice in Greenville and Atlanta in 1977. It now has more than 400 attorneys, with its largest office and most of its administrative staff in Greenville. The firm has 33 locations nationwide and is one of the three largest labor and employment law firms in the United States.
Keane & Beane Expands
Keane & Beane, P.C., the prestigious law firm based in White Plains, N.Y., has announced the opening of its new office location at 200 Westage Business Center on Rt. 9 in Fishkill, New York.
"We have served a variety of clients throughout the Hudson Valley for nearly 30 years. The growth in population and businesses just north of Westchester County has been remarkable. Opening a new office closer to the center of this growth area will allow Keane & Beane to better serve its existing and new clients throughout the Hudson Valley and also be part of this growth," stated Ed Beane, Co-Founder of Keane & Beane, P.C.
The experience and varied professional skills of the firm’s 25 attorneys offer clients a multi-dimensional approach to exploring the challenges of this growing market. A recent landmark land use case won in the New York State Court of Appeals by Keane & Beane attorney Richard L. O’Rourke attests to the diligence and legal skills that the firm offers.
Practice areas of the firm include Environmental Law, Construction Law, Zoning and Land Use, Labor Relations and Employment Law, Real Estate, Litigation and Dispute Resolution, Municipal Law, Trusts and Estates, Utilities and Wireless Communications, Internet Law, Trademark, Copyright, Licensing, Education, Land and Elder Law.
"We have served a variety of clients throughout the Hudson Valley for nearly 30 years. The growth in population and businesses just north of Westchester County has been remarkable. Opening a new office closer to the center of this growth area will allow Keane & Beane to better serve its existing and new clients throughout the Hudson Valley and also be part of this growth," stated Ed Beane, Co-Founder of Keane & Beane, P.C.
The experience and varied professional skills of the firm’s 25 attorneys offer clients a multi-dimensional approach to exploring the challenges of this growing market. A recent landmark land use case won in the New York State Court of Appeals by Keane & Beane attorney Richard L. O’Rourke attests to the diligence and legal skills that the firm offers.
Practice areas of the firm include Environmental Law, Construction Law, Zoning and Land Use, Labor Relations and Employment Law, Real Estate, Litigation and Dispute Resolution, Municipal Law, Trusts and Estates, Utilities and Wireless Communications, Internet Law, Trademark, Copyright, Licensing, Education, Land and Elder Law.
Friday, December 29, 2006
Answers to some Frequently Asked Tax Questions
Why can't I just deal with the IRS myself?
Actually, you can attempt to resolve your tax issue yourself, but it is a very difficult process. First, there's the frustration of dealing with endless complicated forms and publications...and long waits on hold. Then there's the issue of knowing how to negotiate with revenue officers. It's important to note that over 85% of offers are rejected by the IRS, simply because the average person doesn't understand the process. The experts at Progressive Tax have decades of experience handling all kinds of tax issues, so you can be assured we'll negotiate the best settlement possible.
Do I have to appear before the IRS in person?
No. One of the benefits of hiring Progressive Tax is that not only do you not have to meet face to face with the IRS, you won't even have to speak with them on the phone. Our firm will be your personal liaison with the IRS.
What can I do about all the penalties and interest?
In some cases Progressive Tax can argue for an abatement of all penalties and associated interest. Call us for a free consultation to see if you qualify.
What are my options if I can't reach an agreement with the IRS?
The IRS is always interested in reaching some sort of settlement with delinquent taxpayers. Keep in mind, it's not their goal to make your life miserable by garnishing your wages and levying your bank accounts. It's to get you into compliance and collect as much money as they can, as quickly as possible.
What if I can't pay all my back taxes at once?
Most people can't. This is, after all, why most of our clients are in the position they're in. It is our function to lower the amount of taxes owed and work out an affordable monthly payment, while at the same time protecting your assets.
What can I do about the tax liens?
Depending upon the size of the tax lien that's secured, the debtor can move to pay it off if he has, or can borrow, the funds. Sometimes this can be done by direct negotiation with the tax agency to agree on the secured value of the lien.
Other times, the debtor may have to resort to bankruptcy options, such as paying off the value of the secured debt in a Chapter 13 plan. This also may require an action in court to determine the value of the collateral, and hence the equity to which the tax lien attaches. Sometimes a challenge to the validity of the lien, may be available, if grounds exist, such as:
The notice of tax lien was never recorded, although the tax agency says it was.
The notice was recorded after the automatic stay took effect.
The notice was filed against assets that do not belong to you.
The lien was based on an invalid assessment.
The lien expired. The life of the lien is ten years, unless re-recorded.
How long does it take to negotiate a settlement with the IRS?
It usually takes about 7 months to settle with the IRS. First we need to gather evidence for the case, which would include financials for an Offer in Compromise and a narrative for penalty abatement. This takes approximately one month. Then we submit the offer to the IRS for review and to verify the financials. This takes about 3 or 4 months, after which the IRS will either accept or reject the offer. If the offer is rejected, it takes about 2 months to appeal the judgment.
When can I get the liens on my property removed?
The tax liens on your property and credit will be removed within 30 days of the satisfaction of your settlement.
What should I do if it's been several years since I last filed?
Actually, you can attempt to resolve your tax issue yourself, but it is a very difficult process. First, there's the frustration of dealing with endless complicated forms and publications...and long waits on hold. Then there's the issue of knowing how to negotiate with revenue officers. It's important to note that over 85% of offers are rejected by the IRS, simply because the average person doesn't understand the process. The experts at Progressive Tax have decades of experience handling all kinds of tax issues, so you can be assured we'll negotiate the best settlement possible.
Is the IRS required to give me a payment plan?
If you owe the IRS less than $10,000 of tax and it can be paid in 5 years, you have the legal right to a payment plan. The IRS also has a streamlined plan that can be arranged if you owe a total of less than $25,000 including penalty and interest, and if it can be repaid in 5 years. This is not a legal right, but it is IRS policy. The professional cost to secure one of these should be a low fixed fee.
After we settle, will I be in good standing with the IRS?
Yes. For the next five years, however, you must remain in compliance with the tax laws. This means you must file and pay all subsequent tax returns in a timely manner. You must also make timely estimated tax payments if required.
Will an Offer in Compromise show up on my Credit Report?
NO. Unlike a bankruptcy or credit card charge off, an Offer in Compromise does not get reported to the credit reporting agencies. An offer in compromise will not negatively affect your credit score. However, ignoring the problem will cause the IRS to file a notice of federal Tax Lien, with your county recorder, which WILL show up on your credit report.
How is the amount of the offer calculated in an Offer in Compromise?
There are two parts to the formula. The first is the equity in assets you own, the second is based on the income you have available each month after paying for allowable expenses, multiplied by a factor of 48 or 60.
Actually, you can attempt to resolve your tax issue yourself, but it is a very difficult process. First, there's the frustration of dealing with endless complicated forms and publications...and long waits on hold. Then there's the issue of knowing how to negotiate with revenue officers. It's important to note that over 85% of offers are rejected by the IRS, simply because the average person doesn't understand the process. The experts at Progressive Tax have decades of experience handling all kinds of tax issues, so you can be assured we'll negotiate the best settlement possible.
Do I have to appear before the IRS in person?
No. One of the benefits of hiring Progressive Tax is that not only do you not have to meet face to face with the IRS, you won't even have to speak with them on the phone. Our firm will be your personal liaison with the IRS.
What can I do about all the penalties and interest?
In some cases Progressive Tax can argue for an abatement of all penalties and associated interest. Call us for a free consultation to see if you qualify.
What are my options if I can't reach an agreement with the IRS?
The IRS is always interested in reaching some sort of settlement with delinquent taxpayers. Keep in mind, it's not their goal to make your life miserable by garnishing your wages and levying your bank accounts. It's to get you into compliance and collect as much money as they can, as quickly as possible.
What if I can't pay all my back taxes at once?
Most people can't. This is, after all, why most of our clients are in the position they're in. It is our function to lower the amount of taxes owed and work out an affordable monthly payment, while at the same time protecting your assets.
What can I do about the tax liens?
Depending upon the size of the tax lien that's secured, the debtor can move to pay it off if he has, or can borrow, the funds. Sometimes this can be done by direct negotiation with the tax agency to agree on the secured value of the lien.
Other times, the debtor may have to resort to bankruptcy options, such as paying off the value of the secured debt in a Chapter 13 plan. This also may require an action in court to determine the value of the collateral, and hence the equity to which the tax lien attaches. Sometimes a challenge to the validity of the lien, may be available, if grounds exist, such as:
The notice of tax lien was never recorded, although the tax agency says it was.
The notice was recorded after the automatic stay took effect.
The notice was filed against assets that do not belong to you.
The lien was based on an invalid assessment.
The lien expired. The life of the lien is ten years, unless re-recorded.
How long does it take to negotiate a settlement with the IRS?
It usually takes about 7 months to settle with the IRS. First we need to gather evidence for the case, which would include financials for an Offer in Compromise and a narrative for penalty abatement. This takes approximately one month. Then we submit the offer to the IRS for review and to verify the financials. This takes about 3 or 4 months, after which the IRS will either accept or reject the offer. If the offer is rejected, it takes about 2 months to appeal the judgment.
When can I get the liens on my property removed?
The tax liens on your property and credit will be removed within 30 days of the satisfaction of your settlement.
What should I do if it's been several years since I last filed?
Actually, you can attempt to resolve your tax issue yourself, but it is a very difficult process. First, there's the frustration of dealing with endless complicated forms and publications...and long waits on hold. Then there's the issue of knowing how to negotiate with revenue officers. It's important to note that over 85% of offers are rejected by the IRS, simply because the average person doesn't understand the process. The experts at Progressive Tax have decades of experience handling all kinds of tax issues, so you can be assured we'll negotiate the best settlement possible.
Is the IRS required to give me a payment plan?
If you owe the IRS less than $10,000 of tax and it can be paid in 5 years, you have the legal right to a payment plan. The IRS also has a streamlined plan that can be arranged if you owe a total of less than $25,000 including penalty and interest, and if it can be repaid in 5 years. This is not a legal right, but it is IRS policy. The professional cost to secure one of these should be a low fixed fee.
After we settle, will I be in good standing with the IRS?
Yes. For the next five years, however, you must remain in compliance with the tax laws. This means you must file and pay all subsequent tax returns in a timely manner. You must also make timely estimated tax payments if required.
Will an Offer in Compromise show up on my Credit Report?
NO. Unlike a bankruptcy or credit card charge off, an Offer in Compromise does not get reported to the credit reporting agencies. An offer in compromise will not negatively affect your credit score. However, ignoring the problem will cause the IRS to file a notice of federal Tax Lien, with your county recorder, which WILL show up on your credit report.
How is the amount of the offer calculated in an Offer in Compromise?
There are two parts to the formula. The first is the equity in assets you own, the second is based on the income you have available each month after paying for allowable expenses, multiplied by a factor of 48 or 60.
Subscribe to:
Posts (Atom)