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TN Form 12509: What You Should Know

A person who files a Statement of Disagreement with the Internal Revenue Service must file one copy with the IRS and one copy with their claim and other party for an award (or settlement or judgment or restitution, or repayment or reinstatement, as the case may be), as the case may be. The form generally is used to dispute an IRS determination and a taxpayer can have other party pay up to a percentage of any amount awarded by the IRS under circumstances where the taxpayer disagrees with the IRS determination. The IRS normally will not change a determination (including a judgment) it has made, unless it is contrary to law or the requirements of section 6012.2(f)(2). Examples of circumstances in which a determination does not apply to include In the event of a determination being rendered in error and the Tax Court determines that a particular provision or paragraph should be removed by Congress, the Tax Court may issue an order stating the provision or paragraph should be removed by Congress. See Rev. Run. 2003-17, 2003-1 C.B. 904.  In the event of a judgment being rendered and the parties disagree as to the amount of the judgment, the court may grant an installment agreement providing for, among other things, a reduction of the amount of the judgment to reflect the amount owed by the taxpayer. However, an agreement is made only if, at the time such an agreement is made, the IRS has a determination in writing that the agreement is necessary to prevent the court of competent jurisdiction from ordering that the tax be paid within one year or otherwise allowing a longer period of time. The IRS generally will not change a determination, even though it disagrees with the determination. If the taxpayer's claim and the IRS's determination are the same, a statement of disagreement must be signed by the taxpayer before it is filed. If the IRS disagrees with the IRS position, it must explain its position in writing, signed by the Tax Attorney for the Internal Revenue Service. The Statement of Disagreement must be filed with or on (the), for each item filed.

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