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Form 12277 Bend Oregon: What You Should Know

We received many inquiries from clients seeking information pertaining to IRS Form 12277, with more and more demanding that we give them information as soon as possible.  With no doubt, many taxpayers are unaware of the form and are seeking ways to challenge a tax lien. It's likely that many taxpayers don't realize just how serious and dangerous a tax lien can be. A tax lien does not disappear upon request of the taxpayer. In fact, it must be removed or forgiven to satisfy a tax lien. Although there is no specific mention of a tax lien in the Code, the IRS is required to enforce it. You should consult an experienced tax attorney and/or IRS representative for any questions you may have regarding the lien. Filing IRS Form 12277, with the assistance of either an attorney or IRS representative, is necessary before you can make any claim of right or lien relief against a tax lien. The IRS's ability to enforce a tax lien is limited only as provided by the law or statutes in force at the time the order for removal of a tax lien is made. The most important issue related to the IRS Form 12277 is what constitutes “personal property.” We believe that for your client, a tax lien would be applied only to tangible personal property (“tangible property”) (e.g., motor vehicles, furniture, etc.) or any other property commonly held on behalf of the taxpayer. This means that a filing of Form 12277 with your tax attorney, does not protect your client from a tax lien. Rather, it is just one of many efforts available in the event that your client believes that a tax lien is levied against the property as compensation or recompense for the taxpayer's acts or omissions. Your best recourse to challenge a tax lien, once it has been filed, is to pursue payment of the tax lien from the taxpayer or his agent. In order for the IRS to enforce a tax lien against property, we must know the IRS number of the person who filed it or the IRS return number of the tax period for which it was filed. We need to know this information, so we can properly file IRS Form 668 or to challenge a tax lien once the tax return has been filed. As noted above, the IRS does not consider tax returns filed and received after the due date of the return as “filed” with this tax year.

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