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What Is A Collection Due Process Hearing With The Irs? | Nolo: What You Should Know
CDP Hearing | IRS Forms IRS Form 12153: Collection Due Process Hearing A CDP hearing will be an informal hearing conducted by a tax professional with the intention of resolving tax cases (and/or liens) not settled through the normal process. If one or more of the following issues may arise during the presentation of the case, the Commissioner may enter an “Advisory Notice” (for certain taxpayers), and/or issue a “Final Notice” of deficiency, or order collection, and all the cases will be resolved. The IRS A CDP Hearing | US Code (Tax Law) Collection Due Process Hearing A CDP hearing occurs whenever an IRS employee, with the Department(s) under their control, files a lien, levy, or other assessment, or makes any other order that demands payment or collections or that makes such payment or collections contingent upon payment of this or any other debt. A creditor or other party who receives such an order or demand may request an CDP hearing | IRS Form What is a CDP Hearing? The collection due process hearing is the final step in the collection proceeding. Each party, on its own, has the right to present evidence at the CDP Hearing. The hearing may be an oral, written, or video presentation. Before entering a notice of deficiency, the Commissioner may enter an CDP hearing | IRS Forms CDP Hearing Guide (Spanish Version) Notice of Disapproval — Notice of Disapproval is not a final judgment and the notice does not constitute an order. However, an approved notice may be sent to a taxpayer in respect to whom the Commissioner has determined that a deficiency is not substantiated. A Notice of Disapproval does not prohibit any IRS actions. For more information, see IRM 21.2.5.19.14.6 (5)(a). CDP Hearing — Not a Final Disapproval The Notice of Disapproval does not indicate that the judgment has been entered; it does not constitute an order of the Commissioner and a decision whether to issue one will only be made when the Commissioner is able to do so. It is the responsibility of persons who receive a Notice of Disapproval to contact the taxpayer regarding the decision that he or she has received. In some cases this could be done via telephone or fax. For more information about the Notice of Disapproval, see IRM 21.2.5.34.
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