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Part 8. Appeals

Chapter 21. Appeals Statute Responsibility

Section 5. Appeals Collection Statutes

8.21.5  Appeals Collection Statutes

8.21.5.1  (06-01-2007)
General Overview of Collection Statutes

  1. This section provides guidance to Appeals employees by defining responsibility for verifying, updating, and monitoring statutes on Collection cases.

  2. The procedures presented represent the minimum standard that each employee is expected to follow when handling Collection cases in Appeals.

  3. Principal responsibility for monitoring the statute of limitations on Collection cases rests with the Collection function. However, Appeals employees have the duty to monitor the statute on Collection cases in their inventories to ensure the statute is suspended, when suspension is applicable, or to note short statute cases and inform Collection of that status.

  4. By definition, a short statute case is one with 12 months or less remaining on the Collection Statute Expiration Date (CSED).

8.21.5.1.1  (06-01-2007)
All Employees Responsibility

  1. All employees should be alert to possible statute situations or problems and take action, whenever possible, to prevent barred assessments.

  2. Within five (5) workdays from receipt of the case, the employee will review the file to determine that all statute dates are correctly shown on Appeals Centralized Database System (ACDS).

  3. An entry must be made in the Case Activity Record (CAR) to indicate that the statute date was verified. An explanation of any unusual considerations pertaining to the statute of limitations should also be included in the CAR.

  4. Employees should always be aware of the statutes on cases in their physical possession. They must continue to monitor the statute as long as the case is in their possession.

8.21.5.1.2  (06-01-2007)
(CSED)

  1. Internal Revenue Code Section (IRC) 6502 provides that the length of period for collection after assessment of a tax liability is 10 years. Each tax assessment has a Collection Statute Expiration Date (CSED).

  2. Any tax assessed on or after November 6, 1990, is collectible for 10 years from the date of assessment. Previously, the collection statute ran for a 6 year period. Any tax assessed on or before November 5, 1990, on which the former 6 year statute of limitations had not expired on November 6, 1990, is collectible for 10 years from the date of assessment.

  3. Once a tax liability is assessed, the statute of limitations for collection begins to run. The expiration of the collection statute ends the Government’s right to pursue collection of a liability.

8.21.5.1.3  (06-01-2007)
RRA'98 Section 3461 Procedures Relating to the Extension of Statute of Limitations by Agreement

  1. Effective January 1, 2000, the Service and the taxpayer cannot agree to extend the period of limitations on collection except in conjunction with installment agreements and releases of levy. Extensions of the period of limitations on collection in effect on December 31, 1999, expired no later than December 31, 2002.

  2. The IRS will only extend the period of limitations on collection in conjunction with Partial Payment Installment Agreements (PPIA) in limited situations. See IRM 5.14.2, Collection Statute Expiration Date (CSED), and Partial Payment Installment Agreements, for limitations and examples of appropriate situations to extend the period of limitations on collection.

8.21.5.2  (06-01-2007)
Collection Cases Not Accepted by Appeals

  1. Most Collection cases can now be appealed per statutory provisions. Those provisions may suspend or extend the statute for timely responses, or otherwise have unique provisions. However, if an Appeals Processing Services (APS) employee receives any of the following cases for carding in, flag the case, noting the untimely appeal, for the hearing officer to verify and, if appropriate, return the case to Compliance as a premature referral:

    1. Trust Fund Recovery Penalty (TFRP) case where there is less than a year remaining on the Assessment Statute Expiration Date (ASED) and the taxpayer failed to file the appeal of the proposed assessment within 60 days after the mailing or delivery of the proposed assessment unless a waiver extending the statutory period was secured.

    2. Offer in compromise (OIC) cases where the taxpayers appealed too late.

      If a request for an appeal is received that is postmarked after the 30th day following the date of the rejection letter, return the case as a premature referral. Limitation periods on untimely appeals are not suspended.

8.21.5.3  (06-01-2007)
Transaction Codes That Carry Their Own CSED

  1. In addition to Transaction Code (TC) 150 – Tax Assessed, there are certain other TC codes with specific reference numbers that carry their own CSEDs. As of February 28, 2004, these TC codes will display their own CSEDs on the Integrated Data Retrieval System (IDRS). A table of these TC codes follows:

    TC 160 Failure to File - Manually Computed Delinquency Penalty
    TC 166 Computer Generated Failure to File Delinquency Penalty
    TC 170 Estimated Tax Penalty
    TC 176 Computer Generated Estimated Tax Penalty
    TC 180 Manually Assessed Failure to Deposit (FTD) Penalty
    TC 186 Computer Generated Federal Tax Deposit Penalty
    TC 234 Daily Delinquency Penalty (if it is the only CSED in the module)
    TC 238 Daily Delinquency Penalty
    TC 240 Miscellaneous Penalty (all except for Reference Codes 697 and 699)
    TC 246 Computer Generated 8752 or 1065 Penalty
    TC 290 Additional Tax Assessment
    TC 294 Additional Tax Assessment with Interest Computation Date
    TC 298 Additional Tax Assessment with Interest Computation Date
    TC 300 Additional Tax or Deficiency Assessment by Examination or Collection
    TC 304 Additional Tax or Deficiency Assessment by Examination or Collection
    TC 308 Additional Tax or Deficiency Assessment by Examination with Interest Computation Date
    TC 320 Fraud Penalty
    TC 340 Restricted Interest (with Doc Code 47 for 9603 and subsequent)
    TC 350 Negligence Penalty

8.21.5.4  (06-01-2007)
Suspension and Extension of the Statute of Limitations

  1. A number of conditions can suspend or extend the general statute of limitations for collection. In the following sections, we will briefly discuss the most common conditions which influence the Collection Statute of Limitations.

    1. Suspension stops the running of the statute for a period of time. This action results in an extension beyond the general CSED.

    2. An extension does not suspend or otherwise affect the general 10-year period. It simply adds additional time to the end of the period.

8.21.5.4.1  (06-01-2007)
Bankruptcy

  1. Generally, when a taxpayer files bankruptcy, the CSED is suspended by the length of time the taxpayer is in bankruptcy, plus 6 months.

  2. A TC 520 is input, with the appropriate closing code, on the date the bankruptcy is filed.

  3. A TC 521 is input as of the date the case is discharged or dismissed from bankruptcy. The CSED is suspended for this period of time plus 6 months in most cases. See IRM 5.9.5.6.1, Closing Codes and IRM 5.9.5.6.2, Reversing the Bankruptcy Indicator.

8.21.5.4.2  (06-01-2007)
Judgment/Litigation

  1. The CSED is suspended in respect of any penalty under IRC 6700, 6701 or 6702 for the period during which the Agency is prohibited from collecting by levy or a proceeding in court. When a suit to extend the collection statute is in the Government’s interest, it must be filed prior to the statue expiration. The filing of a suit to reduce the tax claim to judgment will suspend the collection statute during litigation.

  2. TC 520 with closing codes 70 through 75 does not suspend the CSED.

  3. TC 520 with closing codes 76 through 81 and closing code 84 suspends the CSED, unless a TC 550 (new CSED) is posted with a later transaction date.

8.21.5.4.3  (06-01-2007)
Offer in Compromise (OIC)

  1. Computing the CSED on an OIC case requires the application of several rules, depending on when the OIC was filed and/or accepted.

  2. The Form 656, Offer in Compromise, waiver of the collection statute used prior to January 1, 2000, provided for a CSED suspension for a pending OIC plus 1 year. The CSED was suspended by contract.

  3. Several legislative changes have provided or revoked the Service's ability to suspend the statutory period of collection for Offers in Compromise.

    Law Change
    The IRS restructuring and Reform Act of 1998 (RRA '98) Section 3461 of RRA '98 eliminated the Service's ability to extend the CSED after December 31, 1999. Therefore, the CSED was only extended while the offer is pending: during the 30-day period following the rejection of the offer or during the time an appeal of the offer rejection is under consideration. The waiver provision is applicable for all offers submitted before December 31, 1999. All statute extensions secured prior to December 31, 1999 and extended beyond December 31, 2002 expired on December 31, 2002 or the original CSED date whichever is longer.
    Community Renewal Tax Relief Act dated December 21, 2000 The CSED was not suspended for pending offers for the period of December 21, 2000 to March 09, 2002.
    The Job Creation and Worker Assistance Act of 2002 Effective March 09, 2002 and forward, input of the TC 480 suspends the CSED period during the time an offer is pending, during the thirty days following rejection of an offer and for any period when a timely filed appeal from the rejection is being considered by Appeals. That is for the period of time between the TC 480 and the TC 481, TC 482 or TC 780 only (do not add a year to this suspension). This law change is not retroactive.

  4. Now, by signing the Form 656, the taxpayer waives the statutory period for assessment for periods included in the offer (See Form 656, Sections V (a) and V (k) beginning on the date the offer is deemed pending. The taxpayer can no longer extend the CSED.

  5. TC 480 suspends the CSED.

  6. Use the table below as a guide to determine the CSED suspension periods:

    If Then Limited to:
    The offer was pending on or after 03/09/2002 The statute is suspended while levy is prohibited. Levy is prohibited during the period the offer is pending and for an additional 30 days if the offer is rejected. If the taxpayer appeals rejection of the offer in a timely manner, levy is further prohibited during the period the appeal is pending. IRC 6331 (k). The appeal is considered pending until the ATM signs the Form 5402. The number of days the statute was suspended. Upon acceptance, the statute begins running again.
    The offer was submitted on or after 01/01/2000 and closed on or after 12/21/2000 but before 03/09/2002 The statute is suspended until 12/21/2000. The days the offer was pending prior to 12/21/2000.
    The offer was submitted and pending prior to 01/01/2000 and closed on or after 12/21/2000 but before 03/09/2002 The statute is suspended while the offer was pending up to 12/21/2000 and extended for an additional year. To the time the offer was pending. Upon acceptance, the statute begins running again.
    The offer was submitted and pending prior to 01/01/2000 and closed between 01/01/2000 and 12/21/2000 The statute is suspended for the period the offer was pending to the date of acceptance and extended an additional year. To the original CSED or 12/31/2002 whichever is later.
    The offer was submitted, pending and accepted prior to 01/01/2000 The statute is suspended for the period the offer is pending, during the time the terms are monitored and extended for an additional year To the original CSED or 12/31/2002 whichever is later.

8.21.5.4.4  (06-01-2007)
Installment Agreements with Form 900 Tax Collection Waiver

  1. Effective March 9, 2002, the CSED is suspended during:

    1. the time the proposed installment agreement is pending,

    2. 30 days following the rejection of an installment agreement,

    3. 30 days following termination of an installment agreement, and,

    4. during any appeal of the termination or rejection of the installment agreement.

  2. Although the Service can accept agreements to extend the period of limitations on collection in conjunction with installment agreements, the Service will do so only in limited situations. IRM 5.14.2, Collection Statute Expiration Date (CSED), and Partial Payment Installment Agreements, provides examples of appropriate situations to accept statute extension requests.

  3. Appeals Officers/Settlement Officers (AO's/SO's) have the authority to secure a Form 900, Collection Statute Extension, in limited situations in conjunction with a PPIA. The waiver period should be determined based upon the situation, but should not exceed 5 additional years plus 1 year to provide for other administrative actions, and the AO/SO should follow IRM 5.14.2 in considering whether an extension is appropriate.

    1. There is an asset that will come into existence after the CSED and the liquidation of that asset would offer the best case resolution in lieu of liquidating existing assets to partially pay the liability.

      Example 1:: The taxpayer owes individual income tax and is the beneficiary to a trust. The taxpayer will receive a monthly distribution from the trust which is used to fund the PPIA. The taxpayer will not be entitled to the principal of the trust for two more years. The CSED will expire in 1 year. The only other asset is the taxpayer’s primary residence. The equity in the property is less than the net value of the trust but is available for immediate collection action. The taxpayer has been unable to secure a loan against the equity of the property due to numerous factors such as limited income and poor credit. The risk analysis was completed by the revenue officer and the taxpayer offered to extend the statute to liquidate the trust in 2 years. The waiver was secured for 2 additional years plus 1 additional year.

      Example 2: A corporation taxpayer cannot pay it’s payroll tax liability within the statute. They can make partial payments for the remaining life of the statute. The corporation is current with their federal tax deposits. The corporation has an interest in vacant real property which is under development and will be completed in 2 years. The land once developed would increase significantly in value and will be immediately sold. The CSED will expire in 1 year. Seizing and selling the assets of the business which would include the vacant land and other construction equipment would not significantly reduce the liability and would impact the business’ ability to complete the development of the property. The corporate officers offer to extend the statute to provide the opportunity to complete the development and pay the taxes along with other business debts. The TFRP would be addressed per IRM procedures.

      Example 3: The taxpayer cannot pay the liability within the CSED but can make monthly payments. The statute will expire in 12 months. The taxpayer has no distrainable assets. The taxpayer owes $1,800 and it is determined that they can pay $100 per month. A waiver is not secured. The statute would be allowed to expire.

  4. The processing of Form 900 generates a TC 550 extending the CSED.

8.21.5.4.5  (06-01-2007)
Collection Due Process (CDP)

  1. On timely filed CDP requests, Appeals is responsible for providing the TC 521 date, which is the date the collection statute will start running again. A TC 520 with a closing code of 76 or 77 reflects the date of receipt of a CDP request for hearing, which is the beginning date of the collection statute suspension. The TC 521 is then input when the Appeals determination and any additional appeal period becomes final.

    Note:

    The Equivalent Hearing and Retained Jurisdiction cases do not have a TC 520 input and are not subject to a suspension of the statute.

  2. The date the Appeals determination becomes final is determined as follows:

    1. The date the 30-day period within which the taxpayer could appeal to the Tax Court or District Court expires, if the taxpayer does not exercise his/her right to judicial review.

    2. The date upon which judicial review including any appeals to higher courts is completed (if the taxpayer timely begins the review process to the Tax Court or to a Federal District Court). The time for appeal from the Tax Court is 90 days and the time for appeal to District Court is 60 days. These periods must be added to the decision/dismissal date for the updated statute. Should the taxpayer go to Appeals Court, the time to request a writ of certiorari to the Supreme Court is 90 days and that period should be added to any case that went to the Appeals Court.

  3. If the re-computed CSED is less than 90 days from the TC 521, the CSED is extended to equal 90 days. The exception to the systemic update of the CSED is IMF accounts involving joint income tax liabilities where only one spouse has requested the hearing. For MFT 30 accounts, input the appropriate Internal Revenue Manual (IRM) CSED Taxpayer Identification Number (TIN) indicator with the TC 520. The indicators are as follows:

    1. "P" - CSED suspended only for the primary TIN spouse.

    2. "S" - CSED suspended only for the secondary TIN spouse.

    3. "B" - CSED suspended on both primary and secondary TINS. The CSED is systemically updated when the CSED indicator is" B" .

      Note:

      If Appeals secures the signature/validation of a non-signing spouse after contact, the CSED TIN indicator needs to be corrected to "B" to ensure no levy action is taken on the original non-signing spouse. See IRM 8.7.2.3.2(8), Case Receipt Review and Controls under Collection Due Process Appeals, for more information.

  4. The CSED is still suspended for the particular spouse when the CSED indicator is "P" or "S" However, the module will reflect the earliest CSED. When needed, the CSED reflected on the module can be updated by inputting a TC 550 with action code 10 reflecting the new CSED date. For multiple assessment tax periods, update the latest CSED.

    Note:

    A CDP Proceeding concerning a partnership's liability suspends the CSED for the liability without the need to determine separate CSEDs for the individual partners.

  5. Because the statute will be computed by the system, it is vital that the correct TC 520 and TC 521 dates are reflected.

    1. The TC 520 date must reflect the beginning date of the statute suspension period, which is the receipt date, unless this date is after the 30 days on a CDP request that is postmarked timely.

    2. If the receipt date is after the 30 days but the postmark date is before the 30 days, the TC 520 date should be the postmark date. The postmark date will be used to show that the CDP hearing request was filed timely. This is to ensure that taxpayers receive a CDP hearing when they are entitled to one. Timely mailed constitutes timely filing if the taxpayer's request for a CDP hearing is correctly addressed to the IRS office listed in the CDP hearing notice, or if that address is not known, to the Compliance Area Director serving the location of the taxpayer's residence or principal place of business. When the postmark is illegible or the envelope is missing, ascertain a reasonable period for mail delivery from the origin of the request to the receiving office and deduct that amount of time from the received date. If the 30th day is a Saturday, Sunday, or federal holiday, and the postmark is for the next business day, it is timely. The envelope in which the hearing request was mailed should be kept to assist in verifying timeliness.

    3. No TC 520 is entered if both postmark and received date are after 30 days. This is an Equivalent Hearing (EH) case. See IRM 8.7.2.3.15, Equivalent Hearings, for statute discussion and EH cases.

8.21.5.4.6  (06-01-2007)
Taxpayer Living Outside the United States

  1. The period of limitations on collection after assessment is suspended while the taxpayer is outside the U.S. if the absence is for a continuous period of at least 6 months pursuant to IRC 6503(c).

  2. To ensure the Government has an opportunity to collect the tax after the taxpayer’s return, the period of limitations does not expire (where the taxpayer has been out of the country for 6 months or more) until 6 months after the taxpayer’s return to the country.

8.21.5.4.7  (06-01-2007)
Relief from Joint and Several Liability on Joint Returns/Innocent Spouse

  1. Collection activity is suspended for the requesting spouse when he or she makes an election under IRC 6015(b) and/or (c). Collection activity against the nonrequesting spouse is not prohibited and should continue.

    Note:

    The IRS may rely on the requesting spouse's election on Form 8857, Request for Innocent Spouse Relief, for purposes of determining whether the CSED is suspended even in those circumstances where the requesting spouses's election is improper on its face.

  2. The collection period is suspended from the filing of the claim until a waiver is filed, or until expiration of the 90 day period for petitioning the Tax Court, or if a Tax Court petition is filed, 90 days from when the Tax Court decision becomes final, plus 60 days.

    Note:

    Although collection of the liability from the requesting spouse may resume, in the absence of the filing of an appeal bond, on the date the requesting spouse files a notice of appeal of an adverse Tax Court decision, the Service will not resume collection activity unless the CSED is imminent or collection will be jeopardized by the delay.

  3. Although a request for relief made solely under IRC 6015(f) or IRC 6013(e) does not suspend the period of limitations on collection, the Service will delay enforcement actions to collect the tax during the pendency of the claim unless the CSED is imminent.

  4. If a request for relief is made in response to the Collection Due Process procedure, there is also a suspension of the collection activity during the period provided for by IRC 6330(e) for the pending of any administrative hearing and appeals therein regarding the levy.

    1. The rules for suspension under IRC 6330 differ from IRC 6015. In general, the latest suspension of collection and the collection period should control, which may require analyzing the suspension under both sections where relief from joint and several liability is requested as part of an IRC 6330 hearing.

  5. If the requesting spouse signs a waiver of the restrictions on collection, the suspension of the period of limitation on collection against the requesting spouse will terminate 60 days after the waiver is filed with the Agency, limiting the CSED extension to the period from when the claim was filed to the time the waiver was signed, plus 60 days.

8.21.5.4.8  (06-01-2007)
Taxpayer Assistance Order (TAO)

  1. IRC 7811(d) requires the suspension of the applicable statutes of limitations (collection and assessment) on Forms 911, Application for Taxpayer Assistance Order (ATAO), signed by the taxpayer or duly authorized representative when the request for relief involves an action described in IRC 7811(b). The suspension applies to all periods the application for relief relates.

    • Example: If the taxpayer is requesting relief from a levy, then the collection statute of limitations is suspended for the periods identified in the levy.

  2. The suspension begins on the date the written application for a TAO is received and ends on the date a decision is made with respect to the application. The date the decision is made on the application will either be:

    1. the date the TAO is issued (or the date the review is completed by the party or parties capable of rescinding or modifying the TAO);

    2. the date the ATAO is denied, or

    3. the date an agreement is reached with the involved function as to what should be done with the assistance request.

      Note:

      In counting the number of days for the suspension, include all calendar days except the day the application is received.

  3. Due to system programming limitations, Taxpayer Advocate Service (TAS) employees currently do not input the appropriate IDRS codes to reflect the suspension of the statute of limitations. TAS employees will input the appropriate IDRS codes to show the correct suspension periods once programming enhancements are completed.

8.21.5.4.9  (06-01-2007)
Military Deferment

  1. The collection of income tax on the income of a service member falling due before or during military service shall be deferred for a period not more than 180 days after termination of or release from military service, if the service member's ability to pay the income tax is materially affected by his/her military service.

  2. The accrual of interest, penalties, and other additional amounts will resume 180 days after termination of, or release from, military service, but enforcement actions to collect the amounts due may be deferred for an additional 90 days.

  3. TC 500 with Closing Code 50 suspends the CSED for Military Deferment. See IRM 5.1.7.9, Accounts of Taxpayers Who Serve in Combat Zones, and IRM 5.1.7.9.3, Combat Zone Freeze Codes. Closing Code 51 suspended the CSED for Military Deferments prior to January 1, 2004.

8.21.5.4.10  (06-01-2007)
Accounts of Taxpayers Who Serve in a Combat Zone

  1. Individuals who serve in an officially designated combat zone will have payment and collection of any federal tax liability suspended during the period of the individual’s service in the combat zone, plus any period of continuous hospitalization outside the United States as a result of injury received while serving in the combat zone, plus the next 180 days thereafter See IRM 5.1.7.9, Accounts of Taxpayers Who Serve in a Combat Zone. For exceptions see IRC 7508(e).

  2. The combat zone freeze code suspends CSED and can be set in two ways. See IRM 5.1.7.9.3, Combat Zone Freeze Codes.

    1. Processing of a tax return where the taxpayer has written " Serving in Desert Storm/Shield" , "Serving in Bosnia" ,"Serving in Former Yugoslavia" , "Serving in Allied Force" , "Serving in Afghanistan" , or " Serving in Enduring Freedom."

    2. Manual input of TC 500 with Closing Code

    • 52 for the Desert Storm Combat Zone

    • 54 for Bosnia or Former Yugoslavia or Allied Force

    • 56 for Afghanistan or Enduring Freedom Iraq

  3. TC 502 releases hold established by TC 500 and new CSED date is input by TC 550.

  4. For more information see IRM 5.19.1.7.10, Combat Zone Accounts.

8.21.5.4.11  (06-01-2007)
Wrongful Levy (Seizure)

  1. A wrongful levy suspends the running of the period of limitation on collection, See IRC 6503(f)(1)). The collection statute is suspended from the date property (including money) of a third party was wrongfully seized or received, to the date the property is administratively returned pursuant to IRC 6343(b), or to the date on which a wrongful levy judgment with respect to such property becomes final, and 30 days thereafter.

  2. When the period of limitation is suspended under this provision, it is suspended only for the amount of money or value of specific property which initially has been wrongfully taken from a third party and subsequently returned. This amount or value is determined as of the date the property was returned. See IRM 5.17.3, Levy and Sale.

8.21.5.4.12  (06-01-2007)
Wrongful Lien

  1. A wrongful lien suspends the running of the period of limitation on collection. See IRC 6503(f) (2). The collection statute is suspended from the date any person becomes entitled to a certificate of discharge of lien under IRC 6325(b) (4) until the earlier of the earliest date on which the Agency no longer holds any amount as a deposit or bond under IRC 6325(b) (4) or the date on which a judgment under IRC 7426(b) (5), concerning the amount deposited or used as a bond, becomes final.

  2. When the period of limitation is suspended under this provision, it is suspended only for the value of the interest to the United States in the property plus interest, penalties and additions to tax and additional amount attributable thereto. See IRM 5.17.2, Federal Tax Liens.

8.21.5.4.13  (06-01-2007)
Estate Tax Lien

  1. When payment of the estate tax is deferred under IRC section 6166, the executor may grant the Agency a lien under IRC section 6324A instead of the bond provided for under IRC section 2204 or IRC section 6165.

  2. It attaches specifically to the IRC section 6166 lien property or to other pledged property of equivalent value. The deferral period and subsequent installment agreement may last up to 15 years.

  3. The statue of limitations for collection of estate tax is suspended for the period of any extension of time to pay granted under IRC section 6166 (for the amount of extension only).

    Note:

    IRC section 6503(d) also provides for the suspension of the statute of limitations on collection for any extension of time for payment granted under IRC sections 6161(a)(2), (b)(2) or 6163.

    1. The executor and all parties having any interest in the property must agree, in writing, to the filing of the IRC section 6324A lien.

    2. The estate is permitted to substitute an IRC section 6324A lien for the performance bond otherwise required prior to approving the IRC section 6166 extension. See IRM 5.5.6.2, Service Actions to Ensure Payment When Granting Installment Privileges.

    3. Compliance Area Technical Support files Form 668J (Notice of Federal Estate Tax Lien Under Internal Revenue Laws) for IRC 6324A cases when all required signatures have been secured agreeing to the lien. See IRM 5.5.6, Estate Tax Installments, and IRM 5.5.8, Estate Tax Liens.

8.21.5.4.14  (06-01-2007)
Pending, Rejected, Terminated or Appeal of Installment Agreements

  1. The IRS is restricted from issuing a levy while an installment agreement is pending for 30 days after rejection or termination, and during any appeal. See IRC 6331(k)(2)(A-D. The period of limitations on collection is suspended during this time.

    Note:

    Pending Installment Agreement, from the time of the input of TC 971, Action Code 043 until input of TC 971, Action Code 063 or TC 972, Action Code 043, suspends the CSED. In addition, the period from an active installment agreement termination to the taxpayer’s appeal suspends the CSED.

  2. Although the IRS is prohibited from issuing a levy while an installment agreement is in effect, the period of limitations on collection is not suspended during this time.

8.21.5.5  (06-01-2007)
Equivalent Hearing Cases (EH)

  1. In the event an EH case is received with insufficient time to schedule and conduct a hearing and issue a decision letter before the CSED will expire, the Appeals technical employee must notate the ACDS case history with the facts as to why his or her inventory situation or other factors will prevent completion of the case before the CSED expires and notify his or her ATM immediately.

  2. The ATM will review the facts, and consider reassignment of the case to another Appeals technical employee who will be able to complete the case before the CSED expires. If the case cannot be reassigned or otherwise completed in time, the ATM will annotate the ACDS case history regarding his or her review of the facts.

  3. If the case came from the field, the hearing officer is to notify either the Revenue Officer or the Revenue Officer’s Group Manager when a year or less remains on the CSED. If the case came from ACS, do not notify ACS about the pending CSED date. There is nothing ACS can do to protect the CSED nor are they required to remove it from their inventory. ACS requests that when the CSED has expired, the case be returned to them as quickly as possible so that they may close it out of inventory.

  4. Even if the CSED is expiring soon, the taxpayer must still be offered an EH. However, a withdrawal should be solicited from the taxpayer when all balance due periods that are the subject of the EH request have an expired CSED.

    Note:

    The withdrawal in an EH case should not be a Form 12256, which is applicable only to CDP cases.

8.21.5.6  (06-01-2007)
Effects of Taxpayer's Bill of Rights II (TBOR II) on Assessment of Trust Fund Recovery Penalties (TFRP)

  1. On July 30, 1996, Congress passed the "Taxpayer Bill of Rights II" . TBOR II contains more than 40 provisions. Title IX – Modifications to Penalty and Failure to Collect and Pay Over Tax (IRC Section 6672), Section 901 requires the Agency to:

    1. notify the taxpayer, in writing by mail to an address as determined under IRC section 6212(b) that the taxpayer shall be subject to an assessment under IRC section 6672.

    2. the mailing of above-mentioned notice, Letter 1153 (DO), shall precede any notice and demand of same penalty by at least 60 days.

    3. if the notice described in paragraph (a) is mailed before the expiration of the period provided by IRC 6501 for the assessment of such penalty (determined without regard to this paragraph), the period provided by such section for the assessment of such penalty shall not expire before the later of –

    • the date 90 days after the date on which such notice was mailed, or

    • if there is a timely protest of the proposed assessment, the date 30 days after Appeals makes a final administrative determination with respect to such protest.

    Note:

    A timely protest of a proposed TFRP assessment is one that is mailed within 60 days after the Letter 1153 (DO) is mailed or delivered in person.

  2. If the Agency deems the collection of the TFRP to be in jeopardy, then Section 901 will not apply.

    Note:

    For a more comprehensive discussion see IRM 5.7.6.1, Taxpayer's Response to Letter 1153 (DO).

  3. Appeals has the responsibility of verifying and protecting the ASED(s) in each TFRP Case.

  4. Appeals employees working TFRP cases should follow the guidelines in IRM 8.1.4.3.1, Assignment and Control of Work - General, and IRM 8.2.1.2.3(1), Acknowledging Receipt of Cases, with respect to the Uniform Acknowledgement Letter (UAL).

  5. In addition, Appeals employees must verify receipt of the TFRP case by:

    1. Making a case history entry on the Integrated Collection System (ICS) verifying receipt of the case from Collection; and

    2. Making a history entry on ACDS verifying the timeliness of the protest. If the Appeals employee determines the ASED is not protected by TBOR II, then the actual ASED must be verified and noted on ACDS.

  6. A quick assessment of a proposed TFRP assessment will become necessary when the Form 5402 (Appeals Transmittal and Case Memo) is signed and the thirty-day ASED begins to run. This only occurs when the ASED would have expired while the TFRP appeal was under consideration had it not been for the impact of TBOR II.

    1. When the ATM signing the Form 5402 and APS are in separate offices, the ATM will take actions as necessary to ensure the TFRP documents (Forms 5402 and 2749) required for assessment are provided immediately to the responsible Collection Function, Technical Services. In these cases, the ATM will advise APS in writing of the actions taken to protect the assessment.

  7. Where a taxpayer appeals a proposed TFRP beyond the 60 day period, the normal ASED is applicable and TBOR II provisions do not apply. The statute on untimely appeals is not suspended and can only be extended by a potentially responsible person and the Service.

    1. The law does not impose a maximum limit on the time period the assessment limitation period for the TFRP may be extended by a potentially responsible person and the Service.

    2. In the case of approved and adhered to business installment agreements and bankruptcy payment plans, it is ordinarily Service policy to withhold TFRP assertion recommendations if there are no statute considerations. If there are statute concerns, Form 2750 (Waiver Extending Statutory Period for Assessment of Trust Fund Recovery Penalty) can be secured to extend the assessment limitation period beyond the projected length of the business installment agreement or bankruptcy payment plan. See IRM 5.9.8.3.4(6), Trust Fund Considerations in Chapter 11.

    3. Unless there are unusual circumstances, the Service ordinarily should not seek extension dates of the TFRP assessment period beyond December 31st of the year following the year in which the statutory period will expire (e.g., 1 year and 260 days after the April 15th statutory due date of the Form 941 returns for statute of limitation period purposes).


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