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  • April 6, 2020
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In the view of many taxpayers, the IRS is like some kind of “big bad wolf”. This fear of the IRS usually results from a general lack of information on the government agency and how it operates. One of the areas that confuse most taxpayers is that of IRS appeals. For this reason, we are going to answer 5 of the most common questions people have about the IRS and the IRS office of appeals.

Question #1

Can you receive a tax refund if you’re currently making payments under an installment agreement or payment plan for another federal tax period?

Unfortunately, the answer is no. In order to apply for an IRS installment agreement with the IRS office of appeals, you are required to contribute any due refunds towards your tax debt payments. However, it is important that you keep in mind that your refunds won’t be taken as part of your regular payments. This means that even if your refunds are credited towards the payment plan, you’ll still have to make your regular payment installments according to schedule.

If your refund exceeds the balance of your debt and you don’t have any other past debt such as federal or state tax, child support, and student loans, you can receive a refund. You will get the excess amount once your tax debt is covered.

Related Blog: Answering 5 FAQS about IRS Penalty Abatement

Question #2

What should I do if I made a mistake on my federal return that I’ve already filed?

If you notice a mistake on your tax return, taking the right course of action without delay is key. There are different courses of action that you can take.

When you’ve simply made a mathematical error, chances are that your mistake will be corrected by the IRS. Mathematical errors are often noticed during the processing of your return and corrected accordingly. Major mistakes such as claiming an incorrect filing status or omitting a change in your income, deductions, or credits, require you to file an amended return using Form 1040X. Once filed, the IRS can take up to 16 weeks to process the amended return.

Question #3

How do I know if I have to file quarterly individual estimated tax payments?

There are certain conditions under which you are required to make estimated tax payments for the current year.

Do you expect to owe at least $1,000 in tax for the current tax year after subtracting your withholding and refundable credits? If the answer is yes, you must answer the following. Do you also expect your withholding and refundable credits to be less than 90% of the tax to be shown on your current year’s tax return, or 100% of the tax shown on the previous year’s tax return? Meeting both of these conditions means that you must make estimated tax payments.

Always remember that special rules apply for some high-income taxpayers, nonresident aliens and farmers, and fishermen.

Related Blog: Answering 5 FAQs about IRS Tax Lien Assistance

Question #4

I retired last year and started receiving social security payments. Do I have to pay taxes on my social security benefits?

To determine whether your benefits are taxable, you’ll need to add one-half of your benefits, plus all of your other income, including tax-exempt interest. If this amount is greater than the base amount for your filing status, then your benefits can be taxable. The base amount of your filing status varies based on whether you’re single, married filing jointly, married filing separately from your spouse but living together or married filing separately and living apart for at least a year.

Question #5

Is there an age limit on claiming my child as a dependent?

If you want to claim your child as a dependent on your tax returns, he or she must meet either the qualifying child test or the qualifying relative test. So, what criteria must your child meet?

For the qualifying child test, your child must be younger than you and either less than 19 years old or be a “student” less than 24 years old as at the end of the calendar year. If your child is permanently and totally disabled there is no age limit on the qualifying test.

Get Answers and Help Today

The IRS office of appeals can provide a lot of information regarding IRS appeals and appeal letters, among others. You can also get specific information and answers regarding your IRS tax problems by consulting a tax law professional. Nick Nemeth’s Law Offices offer free consultations on IRS appeals and a host of other tax-related matters. Get the answers you need and simplify your annual taxing obligations. Call us at (972) 426-2553 for more information!

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What Our Clients Have to Say

Brent VahleBrent Vahle
19:13 02 May 24
I called to see if they could help reduce some penalties and fees. The person I spoke with told me it might be counterproductive for them to take my case since their feels would likely equal the amount of penalty/interest abatement. I decided to pass on moving forward but was so happy to hear a legal team, or any business for that matter, who has that much integrity. I feel most others would likely try to take my money anyway. I hope I never have to go through this again, but if I do, I will definitely use the Law Offices of Nick Nemeth!
Jason WinkleJason Winkle
18:44 02 May 24
Jaime Flores was very friendly, professional, and knowledgeable. She gave me some very valuable information which helped guide me with a plan of action. The free consultation is very much appreciated.
Matthew SwigartMatthew Swigart
12:14 02 May 24
Great attorney who was able to provide quick and useful advice. Although my situation did not warrant their services, they still took the time to discuss solutions I could explore. I highly recommend visiting this office!
Tony PantojaTony Pantoja
12:57 09 Apr 24
Very professional and very knowledgeable, Jamie Flores was very straight forward and professional, a firm that doesn’t just take your money, Thanks
Carla AtwalCarla Atwal
10:52 02 Apr 24
Nick was wonderful in guiding me with direction on some tax questions I had. He was concise, and to the point, and was happy to provide general info to me at no charge. I truly appreciate him and would highly recommend him.
Miguel AlvaradoMiguel Alvarado
15:56 25 Mar 24
By far the best attorneys I have ever worked with. They’re are very helpful and supportive from day one. They went above and beyond to make sure all my documents were submitted on time and gave updates as soon as they received them. I cannot name a single flaw in their work. Their team of assistants are very professional and seem to all be on the same page. I’ve made multiple phone calls and sent a ton of emails to their staff and they were able to help me all through the course of the case. I cannot express my gratitude enough for how excellent they handled my case.
Lucy FoyLucy Foy
06:55 19 Jan 24
My first appointment I had with, Tax Attorney Nick Nemeth, gave me such a sense of relief. He listened and gave me his professional advice, Mr Nemeth took my case. I was well kept updated, by phone calls and letters. That really impressed me and gave me so much confidence in them. The case went on for a couple of months. The day I received the call from one of his team members Kyle, informing me that the case was resolved and that I owed absolutely nothing to the IRS, I was overwhelmed with joy. I would recommend this law firm to anyone that needs help, with any tax issue. Thank you, to the Law Firm of Attorney Nick Nemeth and his team.
Bradley RunyonBradley Runyon
20:17 13 Jan 24
I received a tax bill in the mail from the IRS last year in 2023. The fees and penalties I owed were something I myself could not afford. I reached out to Nick Nemeth's firm and received the best experience you could imagine. The team was professional, educational, and fast. If you have a tax issue with the IRS using another firm other than Nick Nemeth's would be an error in judgment. I would recommend their services above others.
Sue HulsemanSue Hulseman
19:55 11 Jan 24
Working with Nick Nemeth and his team to resolve my debt with the IRS was the best decision I could have made. I felt such relief knowing I didn’t have to deal with the IRS myself. They did a wonderful job and were responsive to my questions and kept me abreast of my case. My outcome was exactly what I was hoping for. I strongly recommend using them if you have an issue to resolve with the IRS.
R GR G
20:53 21 Dec 23
I had an incompetent tax preparer, who also ignored several notices from the IRS, which in the end resulted in a lien on my property. I did not know what to do and an attorney friend recommended that I contact the Nick Nemeth Law Offices. I met with Jamie Flores and Ivan Nalbantov in December 2021 for a free consultation, and right away was impressed by their thorough examination of my paperwork and extensive knowledge of IRS tax laws. I felt not pressured and appreciated their advice and in the end decided that I would pursue resolving the issue by myself. I paid the IRS Civil Penalty and, as recommended also submitted a letter to the IRS requesting a refund and explaining what happened. I am glad to report that my persistence finally paid off. My case took two years to resolve and I finally received a full abatement/refund check from the IRS in December 2023. I could not have done this without the straightforward recommendation of Jamie and Ivan; and I highly recommend the Nick Nemeth Law Offices to anyone needing help with the IRS.
Susan WilsonSusan Wilson
03:27 25 Jan 23
I have been very pleased with the solid counsel and guidance that Nick Nemeth has provided me regarding my tax issue. I found him to be honest and straightforward which I appreciated. I was impressed with his relevant experience and knowledge . He has definitely brought me peace of mind during a difficult and stressful time.
Sarah HowardSarah Howard
03:44 14 Nov 22
I would like to thank Mr. Nick and his staff for the superb help that I received from them. My IRS problem was resolved quickly and efficiently. It took 2 visits to convince me that I was over my head. I thought that I could call the IRS, appeal my tax notices and settle on a payment plan on my own. After many phone calls to the IRS, waiting sometimes more than 4 hours with no resolution to speak of, it proved to be extremely difficult and stressful. Revisiting Mr. Nick was a huge wake up call. My account was reviewed, and a payment plan was established with the IRS within a week. I will be forever grateful to the staff who worked on my case and especially to Lorna who listened to me vent while going through this painful process.
M WM W
00:33 07 Aug 22
I cannot say enough good things about Nick and his team. When I first met with Nick he was up front, honest, friendly and efficient. When I worked with one of his attorneys, Eric B, I was just as pleased. All of the staff there are nice and very helpful. I wish I hadn't waited so long to get help with my issue. Over 6yrs I tried getting through and getting anywhere with the IRS and hardly made any progress. I know this may not be the case for all, and even I thought it would take longer than it did, but 3mos and they had my situation straightened out. I still can't believe it. Thank you thank you THANK YOU for all that you did for me. This is a huge burden gone out of my life now thanks to you. If anyone needs help out there, I know you may not want to shell out more money to get their help but it may just save you in the long run.
Spoilly GirlSpoilly Girl
23:49 03 Aug 22
The Nemeth Law team is exceptional. They treat their clients like a family member who is in crisis. They want you to get the best possible outcome. I really appreciate everything that they did for me. Jake and Ashley had the greatest role in my case and it all turned out for the best for me. Thank you Nick and team for easing my fears and getting me through the long process. I'm truly grateful.
Eddie WaltEddie Walt
19:44 12 Jul 22
During a time in which competent, professional service at a fair price seems to have disappeared, Mr. Nemeth and his team are a refreshing breath of fresh air.From my first phone call to the final settlement of our case with a non-responsive IRS, they under-promised, over-delivered and were in constant courteous contact to make sure we knew exactly what was happening and where we stood.I hope to never need their services again, but, should I receive another friendly letter from the IRS...I know who to call!
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Memorial Day

In observance of Memorial Day our office will be closed on 5/27/2024.Have a safe holiday weekend. We will re-open Tuesday 5/28/2024 at 7:00a.m.
Please feel free to call our office at 972-484-0829 for any assistance.

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