Tax Brake with Robert G. Nath, Esq.

The bill aims at these areas: reforming penalty and interest, fairness in collection, tax efficiency, taxpayer confidentiality, and several miscellaneous topics.

Among the more interesting provisions are these:

Penalties: The bill would give you “one bite at the apple,” that is, if you file a return late, the IRS could waive the penalty for “unintentional minor errors…by a taxpayer with a good history of tax compliance” and where the penalty would be onerous.

Installment Agreements. The IRS will be allowed to enter into such agreements even if the full liability won't be paid within the period of limitations. This is a big problem now because taxpayers who can't make an offer in compromise, and who can't afford an installment agreement, are in a “no-man's land” of collection.

Offers in Compromise. The IRS would be authorized to allow voluntary payments for support of dependents (beyond the amounts currently allowed). Also, unsecured debt would become an allowable expenses to some extent. Also, the bill would ease the approval process for offers in compromise. Finally, accepted offers would cease to become public information.

Joint Return Information: The bill would repeal the requirement that former spouses must make a written request to the IRS to obtain collection information about a former spouse. Thus, an oral request would likely suffice. This will make it easier for one spouse in a divorce to see if the other has been paying a joint liability.

If these provisions are enacted, they could be of considerable benefit to taxpayers who have to face the IRS, especially the Collection Division, and to spouses of divorcing couples.

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