Going to Visit the IRS in Person

[G-Man]

Cher and I have been filing separately since the beginning of time because of a student loan situation.  When I first started paying back the loan, I went on the income contingency plan (payments are based on my income) as I wasn't making much in the beginning.  If we combined our income the payments would have skyrocketed as I owed about $140,000.  We continued filing separately as the accountant said it really didn't matter and we'd be saving the marriage "penalty".

OK, so we bought the house and my name was 1st on the mortgage with Cher's name 2nd.  I was claiming the mortgage interest deduction on my end and Cher did not.  All was fine until we refinanced.  At that time, the bank switched it to make her the primary and me the secondary.  However, I still claimed the deduction and Cher did not.  This is a no-no so it seems.  The IRS started billing me to give the deduction back and kept the deduction for the next year and several more years. The acct. was adding a page to the return explaining everything in detail, but they kept billing be and keeping my money.  I started a letter writing campaign to explain and dispute, but their replies were so off base that nothing made sense.  Meanwhile it's been several years where we didn't get the money.  This I can't understand as it was clearly explained what was happening and also demonstrated that only I was claiming the deduction and Cher wasn't.

So, I'm heading over to the local IRS office on Monday to try to settle this in person. 

Any advice on how to deal with these people?  I do have a tendency to get angry or frustrated quickly and I know I'm gonna have to do my best to control this.  Afterall it is a nice chunk of change that we are owed.

[old2soon]

Gary-right after the ex split I found out I was in deep kaka with the I R S. We've all heard the stories and seen News at 10. The reality-in my case anyway-was much different. I had everything I "thought" I needed and I was very close. I dealt with a very professional and very smart lady that had my problem and payment plan taken care of in less than 2 hours. Not once did I feel like I was in the crosshairs. Line up your paperwork keep your cool answer the questions honestly and to the best of your ability. Have your paperwork lined up sequentially and KNOW where it's located before the interview. KEEP YOUR COOL. I know I know-easier said than done. Good luck there my Yankee friend!  RIDE SAFE.

[John Schmidt]

First off, the IRS can be more than a little bit bone-headed and addle-brained at times. If you're dealing with an underling with limited experience, try to get a super involved. Lay nothing on the table until they have presented their entire case, then you have all you need to disprove what they're saying. Make them show you in the law where it has to be done in the manner they're pressing. If it's not a matter of law and only their interpretation, that doesn't fly. If their interpretation states your wife MUST take the deduction, that's just their interpretation if the actual law doesn't specify it and the interpretation doesn't hold water. Keep in mind, this most likely won't be your only meeting with them. O2S is right in his suggestion; get all your papers in chronological order and know what/where to look for something if asked.

Good luck and most of all.....keep your cool. I can identify with you on that.  

[Patrick]

And, I hope your accountant is going with you.

[Jess from VA]

If any of your friends/family uses a CPA or accountant and they like him, it might be worth a consult fee to walk in and lay it all out and ask for some opinions (before meeting the 800lb gorilla) (especially all the correspondence back and forth).  For a consult fee, the guy might even go with you to the zoo.  

You filed separately for many years, for various reasons, not just to avoid higher student loan bills.

When playing advocate, channel all anger and frustration into positive thought and good communication.  When we get mad, we very often get stupid.  Like John says, politely make them walk through their position with regulatory support first.

I hate taxes as much as the next guy, and made sure to take no tax classes in school.  If I knew anything on the subject, I'd try to give better advice.  Studying tax law sounded like as much fun as boxing Tommy Hearns..... and would last a whole lot longer.

[Oss]

Does a CPA do your taxes?  Sure hope so and next year you WILL have one for this reason.

It aint so much to pay once a year.

If you have one bring him or her with you and pay for their time

Listen 1st to the IRS case  like a stone wall

Then let the accountant do what they do

Dont speak unless the CPA gives you the nod to do so

That said I dealt with IRS for my dad in person after his death (as his CPA who was his lifelong friend had also died recently) and when I left he owed zero
taxes and case closed.  But you could not pay me enough to go with you, once is enough for me

[Robert]

I would if possible take an accountant, I would also control myself and not only not get angry but listen very carefully to what they say. You cannot listen or steer the conversation if you are angry. They are trained to listen observe reactions also. Make believe you are talking to a Police officer and only say what you need to say to achieve your goals. Anything you say can be used against you also so dont give them anything to accuse you of.

[da prez]

Been there once and remained cool. If you get angry , you will loose all rational thoughts. They will also accompany you out and it will get a lot worse. They have the power of the pen.
  The letter I received from them said (basically) we know where you live and what you have.
  I went in , listened , and replied. They had me owing $37000 due to my accountant. With the paper work I had and my check book , I left with a refund.
  At this time in my life , it was nothing for me to get into a fist fight just for fun.  I did win tho.
  I do not remember who took the wrath after this tho.

                                da prez

[Wizzard]

Y'all need to be like the farmer that come walking in the house with the mail in his hand and said."Margaret, thank god we wont be hearing from them again." Margaret said "who". He replies with envelope in hand stamped IRS FINAL NOTICE.

[G-Man]

Thanks all for the replies.  I'm sure I'll be able to control myself.

I don't owe anything, they owe me as neither Cher or I received the lawful deduction.

I paid the acct. to write up the letters the 1st time I tried and I was kind of miffed that he charged me what he did, after paying him do do both our taxes for the last 15 years.  Not too keen on hearing what he will charge for actually going with me.

I wasn't summoned to show up or anything like that and the local office doesn't even schedule actual appointments.  I'm thinking it's a first come, first served thing so I'll be there pretty early.  I'll present my case, show the returns for the years in question, show Cher's returns so they can actually see that nobody got the money and see what the person has to say. 

[bassman]

Agree with everything said above....LIMIT your discussion to the ONE topic and don't bring any other part of your return into the mix.  Only show documents that relate directly to your topic and nothing else - if you do, it can open up your entire return for review if the agent decides to.  If all else fails, ask nicely to talk to a supervisor as John S. suggested and don't badmouth the underling to the supervisor if you have to go that far.

[Mr Whiskey]

Any advice on how to deal with these people? 

Valium?