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Offer in Compromise

A legal procedure, not a sales pitch. Here is how it actually works — and how we determine whether it is the right tool for you.

Authority
IRC §7122
Form 656 with Form 433-A/B (OIC)
Standard
Reasonable Collection Potential
What the IRS could collect over the remaining statute
If rejected
30 days to appeal
IRS Independent Office of Appeals

An Offer in Compromise is not a loophole and it is not a program the IRS advertises. It is a formal legal procedure, governed by Internal Revenue Code §7122, under which the IRS may accept less than the full assessed liability when the law and the taxpayer's financial facts support it.

What an Offer in Compromise actually is

When the IRS evaluates an Offer in Compromise, it is not asking whether you would prefer to pay less. It is asking a narrow legal question: what is the maximum amount the government could reasonably expect to collect from this taxpayer over the remaining collection period? The IRS calls that figure your Reasonable Collection Potential, and the entire case turns on it. If your offer is at or above that number and the paperwork is complete and consistent, the IRS has a basis to accept. If it is below, or if the financial statement contains gaps the examiner cannot reconcile, the offer will be returned or rejected regardless of how sympathetic your situation is.

There are three statutory grounds for an offer. Doubt as to collectibility is by far the most common: the taxpayer's assets and future income are not enough to pay the balance in full. Doubt as to liability applies when there is a real dispute about whether the tax was correctly assessed in the first place. Effective tax administration covers the unusual case where the taxpayer could technically pay, but doing so would cause economic hardship or would be unfair under the specific circumstances.

"We will never recommend an offer we do not believe has a legitimate basis for acceptance."

How the firm handles an OIC matter

We begin by pulling your IRS account transcripts and reviewing every year at issue. Before anything is filed, we calculate your Reasonable Collection Potential ourselves, using the same National and Local Standards for allowable living expenses that the IRS examiner will use. That calculation tells us, early and honestly, whether an offer is realistic. If it is, we prepare Form 656 and the supporting Form 433-A (OIC) or 433-B (OIC) financial statements, assemble the documentation the IRS requires for every line item, and submit a complete package. If it is not, we tell you so and recommend the alternative that fits — often an installment agreement or Currently Not Collectible status.

Once the offer is filed, the IRS assigns an Offer Examiner. We handle every communication with that examiner under a Form 2848 power of attorney, respond to requests for additional information, and negotiate the valuation of assets and the treatment of income where the examiner's figures differ from ours. If the offer is rejected, you have the right to appeal to the IRS Independent Office of Appeals within 30 days, and we prepare and argue that appeal.

Important: An offer must be filed by a taxpayer who is in current filing compliance. All required returns must be filed, and current-year estimated payments or withholding must be in order. If you have unfiled years, that is the first thing we address.

What the firm does on an OIC engagement

  1. Transcript analysis for every tax period, including the collection statute expiration date on each
  2. Independent Reasonable Collection Potential calculation before filing
  3. Preparation of Form 656 and Form 433-A (OIC) or 433-B (OIC) with complete supporting documentation
  4. Drafting of the written explanation of circumstances where the facts support an effective tax administration or special-circumstances argument
  5. Representation before the assigned Offer Examiner throughout the review period
  6. Appeal to the IRS Independent Office of Appeals if the offer is rejected
  7. Post-acceptance guidance on the five-year compliance requirement, and on lien release once the offer terms are satisfied

Realistic expectations

The IRS publishes its own statistics on offers: in a typical year, a minority of offers submitted are accepted. Offers fail most often because the taxpayer's finances did not support the amount offered, or because the package was incomplete. An attorney cannot change your financial facts. What an attorney can do is determine, before you file, whether an offer is the right tool; present your facts accurately and completely; and protect your rights at every stage of a process the IRS controls. We will never recommend an offer we do not believe has a legitimate basis for acceptance.

The IRS has a process. So do we.

Every matter begins with a no-charge review of your notices and transcripts. You will leave that conversation knowing where you stand and what we recommend — whether or not you retain us.

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