Offer in compromise method and system

• US 20100153138A1
• Filed: 05/26/2009
• Published: 06/17/2010
• Est. Priority Date: 09/05/2006
• Status: Abandoned Application

• Current Assignee: Thomas M. Evans
• Original Assignee: Thomas M. Evans
• Inventors: Evans, Thomas M.
• Application Number:
  US12/454,945
• Publication Number:
  US 20100153138A1
• Time in Patent Office: Days
• US Class Current: 705/4
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes
• CPC Class Codes: G06Q 40/02 Banking, e.g. interest calculation or account maintenance credit or loans G06Q40/03
• CPC Class Codes: G06Q 40/08 Insurance
• CPC Class Codes: G06Q 40/10 Tax strategies
• CPC Class Codes: G06Q 40/123 Tax preparation or submission

Abstract

A tax resolution system and method are disclosed for identifying and implementing solutions to tax delinquency problems. A taxpayer who is delinquent is guided to provide pertinent data and make adjustments to be analyzed to formulate an offer in compromise to resolve tax delinquency problems or plan a future tax strategy.

Claims

1. A tax resolution system to assist a taxpayer or tax professional in identifying and implementing solutions to tax delinquency problems, comprising:

at least one computer;

an offer in compromise software application executed on the at least one computer to calculate a reasonable collection potential (RCP) to enable the taxpayer to determine what, if any, benefit could result from an offer in compromise, wherein the RCP is a measure employed by the Internal Revenue Service (IRS) of the capacity of a taxpayer to pay current and past due taxes based on calculations comprising;

a) the net equity in the taxpayer'"'"'s assets, b) income of the taxpayer available to pay taxes after allowing for allowable expenditures, and c) income that will become available after existing loans of the taxpayer are paid off;

wherein the taxpayer or the tax professional can make adjustments to the taxpayer'"'"'s finances to adjust the RCP to plan ahead and further increase the likelihood of achieving acceptance of an offer in compromise with the IRS; and

document creation tools to create one or more documents relating to an offer in compromise application.

2. The system of claim 1 wherein the offer in compromise software application enables the taxpayer to plan his or her offer in compromise offer, reposition his or her assets, and maintain a strict budget for six to nine months while he or she documents his or her income and spending.

3. The system of claim 1 wherein the adjustments are based on strategies to reduce the taxpayer'"'"'s RCP from two sources:

a) his or her assets and b) his or her debts that are paid off before his or her Monthly Multiplier expires.

4. The system of claim 1 wherein the adjustments are based on the taxpayer selling his or her car, sheltering resulting cash, and leasing or temporarily renting a different car to take advantage of a car ownership exemption.

5. The system of claim 1 wherein the adjustments are based on shrinking additions to the taxpayer'"'"'s RCP from at least one of a) business assets and equipment, b) home, and c) personal property comprising furniture and clothing.

6. The system of claim 1 wherein the adjustments are based on at least one of:

a) decreasing the taxpayer'"'"'s business'"'"' short-term profitability and capitalized value by delaying or reducing sales and receipts and prepaying or increasing costs;

b) cutting profits and transferring income by hiring the taxpayer'"'"'s children, but not paying them more than what the taxpayer would compensate anyone else for similar work; and

c) forming a new corporation to shelter personal assets and income.

7. The system of claim 1 wherein the adjustments are based on at least one of:

a) maxing out the taxpayer'"'"'s credit lines;

b) selling part or all of the taxpayer'"'"'s company; and

c) acquiring business assets.

8. The system of claim 1 wherein the adjustments are based on at least one of:

a) refinancing the taxpayer'"'"'s home and pulling out any equity that would be added to his or her RCP and sheltering proceeds or using the proceeds for home improvements, purchasing furniture, repaying short-term borrowings, and paying off and closing credit cards or lines of credit; and

b) selling the taxpayer'"'"'s home, putting a minimum down payment on another, and sheltering remaining cash.

14. The system of claim 1 wherein the adjustments are based on stockpiling food and supplies to hold the taxpayer'"'"'s living expenses within IRS limits.

15. The system of claim 1 wherein the adjustments are based on at least one of:

a) temporarily reducing the taxpayer'"'"'s income during a documentation period;

b) decreasing the taxpayer'"'"'s overtime pay or deferring bonuses;

c) lessening or eliminating the number of exemptions so more taxes are withheld from the taxpayer'"'"'s paycheck;

d) increasing the taxpayer'"'"'s contributions to his or her 401(k) or other retirement plans if there are rules against borrowing;

e) including in the taxpayer'"'"'s tax payments any installments he or she is remitting to his or her state for past due taxes; and

f) if the taxpayer has the option to do so, becoming an independent contractor and creating a corporation to shelter his or her earnings.

16. The system of claim 1 wherein the adjustments are based on purchasing term-life insurance, polices and paying an annual premium in advance.

9. The system of 1 wherein the adjustments are based on gifting highly appreciated assets through a charitable remainder trust.

10. The system of 1 wherein the adjustments are based on prepaying housing and utilities bills so as not to add to the taxpayer'"'"'s RCP.

11. The system of 1 wherein the adjustments are based on using a discount rate on the taxpayer'"'"'s future income and expenses.

12. The system of 1 wherein the adjustments are based on the taxpayer buying at least one of a) personal assets comprising furniture and clothing and b) tools for the taxpayer'"'"'s business, which the IRS exempts a given amount and the taxpayer can value at a low valuation.

13. The system of claim 12 wherein the valuation is in a range of approximately 3% or 5% of retail prices.