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A firm represented me poorly and made a unaffordable monthly payment on my behalf to the IRS. Can I not accept it.

Charleston, SC |

I provided a firm all my information and they negotiated a payment with the IRS that I can't afford. They never contacted me during the negotiation to see if i agreed. I can not make this payment they agreed to. What can i do. Know the firm will not return my phone calls or send me any paper work on case. Also the firm never advised me that health insurance, life insurance and a estimated payment I'm making to Department Of Revenue South Carolina could have been added to my cost sheet (total living expenses). Is there anyone that can help me !

Attorney Answers 3


Taxpayers always have the right to contact the IRS to modify the terms of an existing Installment Payment agreement for changed circumstances -- in fact, the IRS encourages taxpayers to contact them directly before defaulting on an Installment Payment agreement.. Consider contacting the IRS to modify the payment amount. If you are unable to pay the tax debt, you may be eligible for an Offer In Compromise -- which may require the completion of another Form 433 (the same form that was completed to obtain the Installment Payment agreement). Feel free to contact me if I can assist you with this matter.

Any comments posted on this site are for your general information and are not a substitute for professional legal representation. Please consult an attorney to adequately address your legal issue(s).

Oscar Javier Ornelas

Anything contained in this response is for informational purposes only and neither the author nor The Ornelas Firm PLLC ("Firm") makes any representations as to the accuracy or completeness of anything contained in this response. Nothing herein shall be interpreted as legal advice from the author or the Firm, or as creating an attorney-client relationship between the solicitor and the author or the Firm. Neither the author nor the Firm will be liable for any losses, injuries, or damages from the display or use of this information. You should consult an attorney whenever confronted with a serious legal issue. The Ornelas Firm PLLC ( may be contacted at 888-764-5822 or

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Many times people come to me and say they had a poor experience and then we have to try to recover money from the prior firm. Try to find an attorney that will help do that as part of re-negotiating with the IRS. It is always important to factor in back state/local tax and estimated payments to figure out what you can afford with the IRS. My advice would be to find a new attorney right away and start over because it will probably take a bit of time no matter what.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:

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You certainly can refuse the payment arrangement. As my colleagues have so astutely stated, you have options and should look for legal counsel that will assist in both areas.

Good luck.

Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.

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