Protecting Businesses from Forced Closure | Negotiating Levy Releases
Offering Committed Protection | Recent Abatement Success Stories
Recent Formalized Installment Agreements | Creative Settlements
Offering Committed Protection
- A lawn care equipment company in Martindale, Pennsylvania hired Clear Creek to manage a $42,000 liability owed to the State. At the time that our client hired our firm, he had recently pleaded guilty to the charge of continued operation without a sales tax license. Our client also signed a confession and agreed to a sentencing term of 30 days in jail. The Associate assigned to the case began thorough negotiations with the State Revenue Agent to determine and negotiate alternative resolutions. Initially, the State Revenue Agent was only interested in full payment of the entire liability. With continued pressure and negotiation, the Associate was able to negotiate a down payment of $18,000, which equaled more than 50% of the principal tax owed. In addition to preventing our client from going to jail, the Associate was also successful in negotiating a 30-day hold on further collection activity to allow our client time to obtain and pay the remaining balance owed.
- An Architectural group in Billings, Montana hired Clear Creek to resolve an IRS liability of approximately $95,000. After gathering financial information from our client, the Associate assigned to this case determined that the monthly amount for an Installment agreement would be $1,400. Upon contacting the Revenue Officer to discuss our proposed Installment agreement, she began demanding that our client sell their home to pay down their liability. We attempted multiple Installment Agreement proposals, all of which were denied. The Revenue Officer was unwilling to accept an Installment Agreement of any amount and began threatening enforcement action against our client's bank account as well as the seizure of their personal residence. We subsequently filed multiple Appeals in response to these threats which obtained additional time that our client desperately needed in order to refinance their house. We worked closely with their lender and effectively submitted a Certificate of Subordination which allowed the loan to close successfully. Our client had the lending approved and were able to cut a check for the remaining balance of the tax liability totaling $95,000. Our client is now current and compliant and very thankful to keep the home they love so much.
- An individual in Sikeston, Missouri hired Clear Creek to resolve State and Internal Revenue Service liabilities associated with his Glass Service Company. The State had threatened to revoke his sales tax license on numerous occasions. Our client repeatedly informed us that he did not want his business to be shut down. Therefore, Clear Creek contacted the State of Missouri immediately and began negotiations to prevent his Sales Tax License from being revoked. The State was reluctant to agree to an Installment Agreement and stop the revocation, but our firm was able to prevent the revocation from happening and formalized a manageable Installment Agreement. Through our negotiations, our client paid 25% down, and will pay off the remaining liability within 12 months.
- A bed and breakfast in Waterford, Maine hired Clear Creek to address a Sales and Use Tax liability of approximately $10,000. The State Revenue Agents on the case were extremely aggressive with our client, visiting them almost every day and demanding payment in full and stating that they would seize the business sales license, effectively shutting down the business. The Associate assigned to the case acted immediately to secure a 'Hold of Enforced Collections' on the case to ensure that the State did not seize our client's license, and began work on a Payment Plan. Initially, the State demanded that our client make a 1/3 down payment followed by a 6-month Payment Plan. As this was impossible for our client, the Associate continued negotiations and was able to negotiate an extended payment agreement lasting one year for our client and ensure that no down payment would be necessary. Additionally, the Associate was successful in ensuring that our client's license was not revoked, and that the small bed and breakfast would be able to keep its doors open.
- A motorcycle dealer in Bogart, Georgia hired Clear Creek to manage $43,600 owed to the State of Georgia. The Associate assigned to this case negotiated many 'Stays of Enforced Collections' to protect our client's assets while compiling requested financial documents. Our client wanted a manageable payment plan; however, the State demanded that our client pay a third down and arrange a payment plan for no less than $2,500 per month for twelve months. In addition, the State wanted to place a lien on our client and assess the business with a collection fee of approximately $8,500, and place a hold on his sales tags. We negotiated a payment plan for $3,000 per month for eighteen months under the condition that the collection fee be waived and no hold would be placed on his sales tags.
- A staffing services company which was actually two entities in California hired Clear Creek to manage a liability of approximately $493,000 owed to the State for past due unemployment taxes. Both of the businesses had been closed and ceased operations in 2009. The State personally assessed the member of both companies with the full liability owed. Although our client is currently incarcerated, the Employment Development Department of the State of California (EDD) continued to pursue collection of the outstanding liability. Recently, the EDD issued a levy against not only the owner of the companies, but also against his spouse. The levy attached to $94,000 held individually by our client's spouse in a Florida bank account. Although California is a community property state and may collect on a debt owed by one spouse through the other spouse, the Associate assigned to this case argued against this levy action as California did not seem to have any jurisdictional rights against the spouse in this particular case. The Associate prepared a thorough argument and requested for the release of this levy. Once argued, the $94,000 was immediately released back to the spouse.
- A termite and pest control company in Columbus, Indiana hired Clear Creek to resolve a liability of $100,000 owed to the IRS. The Revenue Officer assigned to this case was determined to put our client out of business due to their inability to remain 'Current and Compliant'. The Associate assigned to this case was able to protect our client from enforcement while he saved funds in order to sell his business. Not only did we protect our client's assets from seizure for several months, we successfully submitted and negotiated a Certificate of Discharge which allowed our client to sell the assets free and clear of a Federal Tax Lien.
- A daycare in Canonsburg, Pennsylvania hired Clear Creek to resolve a $10,000 liability owed to the State for past due Withholding Taxes. The Attorney General issued a summons to our client to appear in court to answer to criminal charges stemming from this tax debt. The State gave our client only 20 days to respond to this notice and noted that failure to do so would result in a warrant issued for our client's arrest. The Associate assigned to the case immediately contacted the State and negotiated a continuance in order to allow our client time to gather the requisite financial documents. The Associate utilized this information to prepare, submit and negotiate a two-year payment plan, despite the State's demand for full payment within one year. Through these negotiations, the Associate was able to ensure that our client's criminal trial would be cancelled, and all charges would be dropped.
- A construction company in Lompoc, California hired Clear Creek to manage a $150,000 liability, and assist the firm in catching up with their tax obligations due to their recent lack of construction work. The assigned Revenue Officer had been extremely aggressive, unto the point of setting an unreasonable deadline for them to sell their personal property. While the husband and wife running the construction company were happy to sell one of their personal rental properties to satisfy their liability, the unreasonable deadline set by the Revenue Officer was causing the business to suffer, and was leading towards the dissolution of the company. The Associate assigned to this case was able to secure a hold of enforced collection action, buying the business enough time to become current and compliant due to a recent surge of construction work, and to work towards closing on the sale of their property.
- The owners of a restaurant in Saratoga, Wyoming hired Clear Creek to negotiate an affordable payment that would also prevent enforced collection action against their restaurant for $9,000 in past due sales tax owed to the state. After numerous attempts to get anyone to respond to our request for contact at the Department of Revenue, the Associate assigned to this case proposed an Installment Agreement to the general department. The state responded by serving our clients with court documents indicating that the debt was going to be civilly collected. After the state checked to see if in fact our Associate was an attorney in good standing in the state of Colorado, the state attorney agreed that a $300 Installment Agreement would be a great payment plan amount. This $300 per month payment was the exact amount the Department of Revenue had rejected earlier that day! Our client is now free from enforced collection.
- The owner of a cleaning service company located in Georgetown, Texas hired Clear Creek to manage a liability of approximately $46,000 owed to the IRS. Because our client owns multiple homes, the Revenue Officer demanded that our client take out equity from his homes to pay down the liability, however, our client wanted to make monthly payments. In doing so, the Associate assigned to this case proposed an Installment Agreement, however, the Revenue Officer replied by levying all of our client's accounts receivables, and his business and personal bank accounts. After a few calls to the Revenue Officer's supervisor, we negotiated the release of all the levies, and submitted a new Installment Agreement.
- A courier business in Cedar Rapids, Iowa hired Clear Creek to protect him from losing his home to the Internal Revenue Service after he lost nearly everything to his former business partner. The Associate assigned to this case initially negotiated that our client should be put in Status 53 so as to protect him from enforced collection while we analyzed the business and uncovered which resolution strategy would be best for our client. At issue was the fact that our client is a disabled veteran who had significant equity in his home, but if refinanced, he would not be able to make the new mortgage payments and would have consequently had to have moved. In the end we submitted and negotiated an Offer in Compromise for $1,875 on a total liability of $75,000 and our client was able to keep his home and the equity in it.
- Just prior to retaining Clear Creek, an Illinois marine towing company was experiencing enforced collection from the IRS and their bank was threatening to call a loan due to an IRS tax lien which would have resulted in the immediate liquidation of this family-owned business. Within weeks of representation the client was free from these stresses as we managed to negotiate an affordable payment plan with the IRS, and the State which satiated the bank's concern and consequently did not call the outstanding loan. This client owes approximately $205,000 to the IRS and $12,000 to the State of Illinois.
- When retained by a New Jersey Environmental Clean Up Company, the assigned Revenue Officer was in the process of assessing the Trust Fund Recovery Penalty against the willful and responsible party associated with a $40,000 federal tax liability. Due to poor health, the client did not want her husband to know of this tax issue which would have come to his attention as soon as federal notices would begin arriving at their private residence. To protect the health of our client's husband, the Clear Creek Associate successfully negotiated that the government not assess the Penalty in addition to negotiating an affordable monthly Installment Agreement.



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