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Video instructions and help with filling out and completing Form 9423 2022
Instructions and Help about Form 9423 2022
All right so we're continuing on here now and let's talk about what happens if you are if you do not have success in getting the levy released either through ACS or through the revenue officer that you're dealing with you might be dealing with somebody that's playing hardball with you and and in that situation you're gonna want to consider using the IRS s collection appeal program what is called a cap appeal alright this is an administrative appeal that's available to challenge either threatened levy action or actual collection actions and so if we're talking about levies of course we're in the midst of an actual collection action this cap appeal can be used before or after the filing of a notice of federal tax lien and so if the tax lien has been filed and your client is concerned about that you can use a cap appeal for that you can do a cap appeal before or after levy or seizure action we're talking about actual levy action now you would use the cap appeal only after your CDP rights have been blown because remember the most effective way to stop collection and get yourself into a position to negotiate on behalf of your client is to file a timely collection due process appeal request but if it's not fine and most of the time it's out of your control I understand that because clients walk in the door as I said with their shoebox full of unanswered mail and so you just have to react and deal with what you're dealing with but the bottom line is is if you if that final notice date has been blown you can use the cap appeal either before a levy before an actual levy or or or after a after a levy program you can use the cap appeal to to challenge the IRS as rejection of a proposed installment agreement or you can use it after the IRS modifies or terminates an existing installment agreement remember that CP 523 is the letter that the IRS has to use to to notify you that the installment agreement has been revoked or rejected or terminated and that gives you that appeal right within that 30-day window so now let's move on now and let's talk about how we're going to use this form 94 this this collection appeal form the way this works is you have to talk with the revenue officer manager or the ACS manager if your initial discussion fails in other words the preliminary step to filing the appeal is to talk with the manager now some of you may have had conversations with managers in the past oftentimes manager conversations can be frustrating because often the manager will just simply backup the revenue officer however that's not always the case and it's not always the case often enough that it warrants talking with the manager even if you didn't have a cap appeal opportunity.