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Printable Form Instructions 8379 Portland Oregon: What You Should Know

If a taxpayer is liable for such debts, those debts do not have to be paid to avoid seizing that person's tax refund. In this case, the Internal Revenue Service (IRS) can seize the person's refund if the tax due is greater than the child support owed. If so, the amount of the tax due is not taken out of the person's refund. If the amount of the debt that will be seized exceeds the amount of the refund that will be forfeited (the amount of tax due and the amount of child support that is due are not equal), then the IRS will send a warning letter to the taxpayer. The Tax Court will then order the IRS to forfeit the overpayment. Thereafter, the tax due is assessed only against the person's refund, and the amount of the refund that is forfeited is kept by the IRS. If the amount of the debt that will be seized does not exceed the amount of the refund that will be forfeited, then the IRS will refund the overpayment to the person whose refund was forfeited. After the overpayment is refunded, any interest that the overpayment accrued to that person will be transferred, at the direction of the Tax Court, to that person's refund. Thereafter, the court will assess interest on the overpayment if it is not satisfied within 3 – 6 months after it is sent. Interest is calculated based on a 4-year formula (with a 1/8th interest rate) multiplied by the refund amount in the first calendar year after the overpayment occurs — the first year the overpayment occurred does not count. This information is for tax return purposes only. It is not a substitute for tax advice. Information from: Tax Court of the State of Oregon, Case No. PTA 02-16-009-3 Form 8379, Injured Spouse Allocation — IRS How to prepare Form 8379 (Rev.

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