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Form 8889 IN: What You Should Know

To request the hearing, complete the form, and the taxpayer may: Make a written request (see 7.01.3) Submit an electronic request Submit a telephone request The form must be signed by the taxpayer or payee; the IRS must be identified by name or number for the taxpayer to obtain a hearing. To have a hearing, you also must be a Taxpayer Advocate (TAD) to ensure your hearing will be handled fairly. 7.01.3 Waivers of Civil Penalty or Interest | Internal Revenue Code Waiver of Penalty Period | IRS Due Process Hearings The following procedures, in this section only, govern waiver of the penalty period, whether the request is denied: The form contains a statement about waiver; If a request for waiver is denied: Send a written claim for relief, accompanied by the notice showing all information in the taxpayer's account or tax return and an explanation if you believe relief is warranted. Your claim should state why the taxpayer's penalty is unjust (e.g., the penalty was assessed for an erroneous return). 7.01.4 Waivers of Collection to Meet Special Circumstances | Internal Revenue Code The following procedures, in this section only, govern waiver of the collection period, whether the request is denied: The form contains a statement about waiver; If a request for waiver is denied: Send a written claim for relief, accompanied by the notice showing all information in the taxpayer's account or tax return and an explanation if you believe relief is warranted. Your claim should state why the taxpayer's penalty is unjust (e.g., the penalty was assessed for an erroneous return). 7.02.1 Notice of Federal Tax Lien The Notice of Federal Tax Lien form will be sent as a letter, with instructions for printing and mailing, to the taxpayer's last known address in this country. The letter will indicate in no uncertain terms which of the following is a tax lien: Payment due. Suspended payment. Tax lien for back taxes (e.g., those due as a result of income tax, estate tax, unemployment tax). The notice will further inform the taxpayer that it is the taxpayer's duty to make payment of the lien to the Internal Revenue Service or a Federal, State or local government taxing authority, prior to its attachment by a garnishee.

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