Offer in Compromise Attorney in Chattanooga, TN
If you owe the IRS more than you can realistically ever pay, an offer in compromise may let you settle for a fraction of the balance. River City Tax Law builds the financial case that makes an offer worth submitting.
Offer in Compromise Attorney in Chattanooga, TN
An offer in compromise lets a taxpayer settle a federal tax balance for less than the full amount owed. The IRS describes it plainly on its own offer in compromise page: the program exists for taxpayers who genuinely cannot pay their full liability, or for whom paying it would create an unfair economic hardship. It is not a program for taxpayers who would simply prefer to pay less. That distinction is where most rejected offers go wrong.
The IRS accepts an offer when the amount offered represents the most it could reasonably expect to collect within a defined window, calculated from a formula built around reasonable collection potential, meaning your equity in assets plus your future income over a set number of months. Get that number wrong in either direction and the offer either gets rejected outright or leaves money on the table that a properly built financial statement would have kept in your pocket.
Who Actually Qualifies
Qualification is a math exercise, not a hardship story told in a cover letter. The IRS pre-qualifier tool gives a rough sense of eligibility, but the real analysis requires pulling your account transcripts, documenting every asset at its quick-sale value, and running your allowable living expenses against the IRS Collection Financial Standards for the Chattanooga metro area. A taxpayer with meaningful home equity or a retirement account balance rarely qualifies for pennies on the dollar, no matter what a national advertisement implies. A taxpayer who is genuinely underwater, with income that barely covers necessary expenses, is exactly who this program was built for.
Before an offer is even considered, you must be current on all required filings and, for a given tax year, current on estimated payments if you are self-employed. Filing compliance is a hard prerequisite, not a formality, and it is the first thing the firm checks on every new file.
The Application Process
An offer is submitted on Form 656 with a supporting Form 433-A (for individuals) or 433-B (for businesses), along with a $205 application fee and either a lump-sum or periodic payment submitted with the offer. Errors on the financial disclosure forms are the most common reason offers bounce back for additional information, which burns weeks of processing time you generally do not have while collection activity continues in the background.
Processing typically runs several months to over a year. During that window, most active collection is suspended, though the collection statute of limitations is also extended by the time the offer is under review. That tradeoff needs to be weighed deliberately, especially for a balance that is close to expiring on its own under the ten-year collection statute.
What the Firm Does Differently
The financial statement is the entire case. National call centers often build a generic 433-A from a short phone intake and submit it without local documentation of housing costs, medical expenses, or the kind of variable income common to Hamilton County trades and manufacturing work. The firm builds the statement from your actual bank records, pay stubs, and expense documentation, then stress-tests the numbers against IRS standards before anything goes to Fresno or Memphis for review.
If an offer genuinely does not fit your numbers, the firm says so before you pay an application fee on a proposal that was never going to be accepted. An installment agreement, penalty abatement, or currently not collectible status is sometimes the correct answer, and a firm that only sells offers has a conflict of interest in telling you that.
How the Automatic Exemption From Penalty Program Affects the Math
The IRS is in the process of replacing its long-standing First Time Abatement policy with a new Automatic Exemption from Penalty (AEP) program, according to the Taxpayer Advocate Service's own reporting on the transition. For a client with an offer in compromise pending, that shift matters because penalties and accrued interest are part of the total balance an offer is calculated against, and a reduction in penalties before an offer is submitted can materially change the offer amount the IRS will accept. The firm checks penalty-relief eligibility as a first step on every offer file, not an afterthought after the numbers are already locked in.
A rejected offer is not the end of the process. The IRS's own get help with tax debt guidance outlines the broader menu of resolution tools the agency offers beyond an offer in compromise, and the firm reviews that full menu with every client rather than treating an offer as the only tool in the box. Some Hamilton County clients are better served by a partial-pay installment agreement that keeps far more monthly cash flow available than a rejected offer application ever would have.
Why Local Documentation Matters More Than a National Template
The IRS Collection Financial Standards used to calculate allowable expenses are set regionally, and Hamilton County's actual housing, transportation, and utility costs do not always match a generic national average a call-center-model firm might default to. Building a 433-A with locally accurate figures, verified against actual bills and mortgage statements rather than a standard table, is often the difference between an offer that clears review on the first submission and one that bounces back for additional documentation months later.
A number of Hamilton County offers involve a business owner winding down an entity entirely, and the IRS treats a closed or dissolved business differently than an active one when calculating collection potential, since future income projections no longer apply the same way. The firm handles these wind-down cases as their own category rather than applying a standard individual offer template to a fundamentally different fact pattern.
The firm also reviews whether a periodic-payment offer, spreading the offered amount over up to 24 months rather than a lump sum, better fits a client's cash position, since the two payment structures carry different upfront costs and risk profiles if the offer is ultimately rejected.
Every offer submission includes a cover analysis explaining the reasonable collection potential calculation in plain terms, so a client understands exactly why a given number was offered rather than simply signing paperwork they do not fully follow.
A Representative Case
Situation
A self-employed Hixson contractor owed just under $41,000 across three tax years, with income that varied heavily by season and no meaningful savings.
Approach
The firm documented seasonal income averages and necessary business expenses against IRS collection standards, then filed a lump-sum offer with a fully supported Form 433-A.
Outcome
The IRS accepted an offer for a fraction of the assessed balance, and the client's remaining tax liens were released once the accepted amount was paid in full.
This case study is a composite drawn from representative matters, with identifying details changed to protect client privacy. It illustrates a typical process and outcome for comparable circumstances, not a guarantee of any particular result.
Questions About Offer in Compromise
How much will the IRS actually accept?
There is no fixed percentage. The IRS formula calculates reasonable collection potential from your equity in assets plus a multiple of your monthly disposable income, and that number is specific to your household. A firm that quotes a settlement percentage before reviewing your financial statement is guessing.
What happens if my offer is rejected?
You can appeal a rejected offer to the IRS Office of Appeals within 30 days, and appeals succeed often enough to be worth pursuing when the original rejection rested on a documentation gap rather than a genuine ability to pay more.
Do I have to stop making payments while the offer is pending?
No. If you submitted the lump-sum option, you generally continue the remaining 20 percent payments as scheduled. Missing a required payment during the pending period can result in the offer being returned as processed without a review.
Can a business submit an offer in compromise?
Yes, on Form 433-B, though business offers carry additional scrutiny, particularly where payroll tax and trust fund issues are involved. See our page on payroll tax issues if unpaid employment taxes are part of the balance.
Is there a faster option if I cannot afford any payment plan?
Currently Not Collectible status can be faster to obtain than an accepted offer and requires no ongoing payment, though it does not reduce the balance. See our Currently Not Collectible page for how the two options compare.
Find out where your case stands, at no cost.
Bring your most recent IRS notice. One call establishes what deadlines are running and which options apply.