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Appealing a Collection Decision

Before you prepare a request for Appeals, refer to the Appeals homepage to decide if Appeals is the place for you. Select the appropriate appeal procedure for specific instructions on preparing your request for Appeals.  If you decide you want to present your dispute to Appeals, you will need to prepare a request for Appeals and mail it to the office that sent you the decision letter.

Collection Appeals Program (CAP)
Collection Appeals Program (CAP) is generally quick and available for a broad range of collection actions. However, you can’t go to court if you disagree with the Appeals decision.

Collection Due Process (CDP)
Collection Due Process (CDP) is available if you receive one of the following notices:
Notice of Federal Tax Lien Filing and Your Right to a Hearing Under IRC 6320 (Lien Notice), a Final Notice - Notice of Intent to Levy and Notice of Your Right to A Hearing, a Notice of Jeopardy Levy and Right of Appeal, a Notice of Levy on Your State Tax Refund – Notice of Your Right to a Hearing (Levy Notices), and a Notice of Levy and Notice of Your Right to a Hearing. If you disagree with the Appeals decision, you may be able to take your case to court.

Offer in Compromise (OIC)
An Offer in Compromise (OIC) is an agreement between the taxpayer and the government that settles a tax liability for payment of less than the full amount owed.

Trust Fund Recovery Penalty (TFRP)
If you are a person responsible for collecting/withholding, accounting for, and depositing or paying  specified taxes including non-resident alien (NRA) withholding,  employment or excises taxes, and willfully fail to do so, you can be held personally liable for a penalty equal to the full amount of the tax that was not paid, plus interest.   A responsible person for this purpose can be an owner or officer of a corporation, a partner, a sole proprietor, or an employee of any form of business.  A trustee or agent with authority over the funds of the business can also be held responsible for the penalty.  The assessment of the trust fund recovery penalty is applicable to the following tax forms:  CT-1, 720, 941, 943, 944, 945, 1042, and 8288.

Page Last Reviewed or Updated: 16-Jan-2014