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    | Publication 1, Your Rights as a Taxpayer | 2006 Tax Year |  
                  
                     
                        
                           Publication 1 - Main Contents
                            This is archived information that pertains only to the 2006 Tax Year. If youare looking for information for the current tax year, go to the Tax Prep Help Area.
 
                     
                        
                           
                              Declaration of Taxpayer Rights
                               
                        
                      
                        
                           
                              
                                 I. Protection of Your Rights IRS employees will explain and protect your rights as a taxpayer
                           throughout your contact with us.
                           
                         
                        
                           
                              
                                 II. Privacy and Confidentiality The IRS will not disclose to anyone the information you give us,
                           except as authorized by law. You have the right to know why we are
                           asking you for information, how we will use it, and what happens if
                           you do not provide requested information.
                           
                         
                        
                           
                              
                                 III. Professional and Courteous Service If you believe that an IRS employee has not treated you in a
                           professional, fair, and courteous manner, you should tell that
                           employee's supervisor. If the supervisor's response is not
                           satisfactory, you should write to your IRS District Director or
                           Service Center Director.
                           
                         
                        
                        You may either represent yourself or, with proper written
                           authorization, have someone else represent you in your place. Your
                           representative must be a person allowed to practice before the IRS,
                           such as an attorney, certified public accountant, or enrolled agent.
                           If you are in an interview and ask to consult with such a person, then
                           we must stop and reschedule the interview in most cases.
                           
                         You can have someone accompany you at an interview. You may make
                           sound recordings of any meetings with our examination, appeal, or
                           collection personnel, provided you tell us in writing 10 days before
                           the meeting.
                           
                         
                        
                           
                              
                                 V. Payment of Only the Correct Amount of Tax You are responsible for paying only the correct amount of tax due
                           under the law—no more, no less. If you cannot pay all of your tax when
                           it is due, you may be able to make monthly installment payments.
                           
                         
                        
                           
                              
                                 VI. Help With Unresolved Tax Problems The National Taxpayer Advocate's Problem Resolution Program can
                           help you if you have tried unsuccessfully to resolve a problem with
                           the IRS. Your local Taxpayer Advocate can offer you special help if
                           you have a significant hardship as a result of a tax problem. For more
                           information, call toll-free 1–877–777–4778 (1–800–829– 4059 for
                           TTY/TDD users) or write to the Taxpayer Advocate at the IRS office
                           that last contacted you.
                           
                         
                        
                           
                              
                                 VII. Appeals and Judicial Review If you disagree with us about the amount of your tax liability or
                           certain collection actions, you have the right to ask the Appeals
                           Office to review your case. You may also ask a court to review your
                           case.
                           
                         
                        
                           
                              
                                 VIII. Relief From Certain Penalties and Interest The IRS will waive penalties when allowed by law if you can show
                           you acted reasonably and in good faith or relied on the incorrect
                           advice of an IRS employee. We will waive interest that is the result
                           of certain errors or delays caused by an IRS employee.
                           
                         
                     
                        
                           
                              Examinations, Appeals, Collections, and Refunds
                               
                        
                      
                        
                        We accept most taxpayer's returns as filed. If we inquire about
                           your return or select it for examination, it does not suggest that you
                           are dishonest. The inquiry or examination may or may not result in
                           more tax. We may close your case without change; or, you may receive a
                           refund.
                           
                         The process of selecting a return for examination usually begins in
                           one of two ways. First, we use computer programs to identify returns
                           that may have incorrect amounts. These programs may be based on
                           information returns, such as Forms 1099 and W–2, on studies of past
                           examinations, or on certain issues identified by compliance projects.
                           Second, we use information from outside sources that indicates that a
                           return may have incorrect amounts. These sources may include
                           newspapers, public records, and individuals. If we determine that the
                           information is accurate and reliable, we may use it to select a return
                           for examination.
                           
                         Publication 556, Examination of Returns, Appeal Rights, and
                                 Claims for Refund, explains the rules and procedures that we
                           follow in examinations. The following sections give an overview of how
                           we conduct examinations.
                           
                         
                           
                           We handle many examinations and inquiries by mail. We will send you
                              a letter with either a request for more information or a reason why we
                              believe a change to your return may be needed. You can respond by mail
                              or you can request a personal interview with an examiner. If you mail
                              us the requested information or provide an explanation, we may or may
                              not agree with you, and we will explain the reasons for any changes.
                              Please do not hesitate to write to us about anything you do not
                              understand.
                              
                            
                           
                           If we notify you that we will conduct your examination through a
                              personal interview, or you request such an interview, you have the
                              right to ask that the examination take place at a reasonable time and
                              place that is convenient for both you and the IRS. If our examiner
                              proposes any changes to your return, he or she will explain the
                              reasons for the changes. If you do not agree with these changes, you
                              can meet with the examiner's supervisor.
                              
                            
                           
                           If we examined your return for the same items in either of the 2
                              previous years and proposed no change to your tax liability, please
                              contact us as soon as possible so we can see if we should discontinue
                              the examination.
                              
                            
                        
                        If you do not agree with the examiner's proposed changes, you can
                           appeal them to the Appeals Office of IRS. Most differences can be
                           settled without expensive and time-consuming court trials. Your appeal
                           rights are explained in detail in both Publication 5, Appeal
                                 Rights and Preparation of Protests for Unagreed Cases, and
                           Publication 556, Examination of Returns, Appeal Rights, and
                                 Claims for Refund.
                           
                         If you do not wish to use the Appeals Office or disagree with its
                           findings, you may be able to take your case to the U.S. Tax Court,
                           U.S. Court of Federal Claims, or the U.S. District Court where you
                           live. If you take your case to court, the IRS will have the burden of
                           proving certain facts if you kept adequate records to show your tax
                           liability, cooperated with the IRS, and meet certain other conditions.
                           If the court agrees with you on most issues in your case, and finds
                           that our position was largely unjustified, you may be able to recover
                           some of your administrative and litigation costs. You will not be
                           eligible to recover these costs unless you tried to resolve your case
                           administratively, including going through the appeals system, and you
                           gave us the information necessary to resolve the case.
                           
                         
                        
                        Publication 594, The IRS Collection Process, explains
                           your rights and responsibilities regarding payment of federal taxes.
                           It describes:
                           
                         
                           
                              
                                 What to do when you owe taxes. It describes what to do if
                                    you get a tax bill and what to do if you think your bill is wrong. It
                                    also covers making installment payments, delaying collection action,
                                    and submitting an offer in compromise.
                                 
                                 IRS collection actions. It covers liens, releasing a lien,
                                    levies, releasing a levy, seizures and sales, and release of
                                    property.
                                  
                           
                         Publication 1660, Collection Appeal Rights for Liens, Levies,
                                 Seizures and Installment Agreement Terminations, explains your
                           collection appeal rights.
                           
                         
                           
                           Generally, both you and your spouse are responsible, jointly and
                              individually, for paying the full amount of any tax, interest, or
                              penalties due on your joint return. However, you may not have to pay
                              the tax, interest, and penalties related to your spouse (or former
                              spouse).
                              
                            New tax law changes make it easier to qualify for innocent spouse
                              relief and add two other ways for you to get relief. For more
                              information, see Publication 971, Innocent Spouse Relief,
                                    and Form 8857, Request for Innocent Spouse Relief (And
                                    Separation of Liability and Equitable Relief).
                              
                            
                        
                        You may file a claim for refund if you think you paid too much tax.
                           You must generally file the claim within 3 years from the date you
                           filed your original return or 2 years from the date you paid the tax,
                           whichever is later. The law generally provides for interest on your
                           refund if it is not paid within 45 days of the date you filed your
                           return or claim for refund. Publication 556, Examination of
                                 Returns, Appeal Rights, and Claims for Refund, has more
                           information on refunds.
                           
                         
                        
                        The IRS provides a great deal of free information. The following
                           are sources for forms, publications, and additional information.
                           
                         
                           
                              
                                 Tax Questions: 1-800-829-1040 (1-800-829-4059 for
                                    TTY/TDD users)
                                 
                                 Forms and Publications: 1-800-829-3676
                                       (1-800-829-4059 for TTY/TDD users)
                                 
                                 Internet: www.irs.ustreas.gov
                                 TaxFax Service: From your fax machine, dial
                                    703-368-9694.
                                 Small Business Ombudsman: If you are a small
                                    business entity, you can participate in the regulatory process and
                                    comment on enforcement actions of IRS by calling
                                    1-888-REG-FAIR.
                                 Treasury Inspector General for Tax Administration:
                                       If you want to confidentially report misconduct, waste, fraud,
                                    or abuse by an IRS employee, you can call 1-800-366-4484
                                       (1-800-877-8339 for TTY/TDD users). You can remain
                                    anonymous.
                                  
                           
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