IRS Installment Agreement Fulfilled By Life Insurance Benefits in Recent IRS Case

In certain cases when a married couple with an installment agreement cannot pay off the full amount, the IRS Chief Counsel can sometimes recommend that the IRS accepts the assignment of death benefits if one of the taxpayers dies.

In a recent case, one spouse of a married couple died before the installment agreement ended. The IRS wanted to seize all assets of the taxpayer covered by the agreement but was prohibited from doing so because the IRS Chief Counsel recommended that the IRS accepts the benefits from the deceased taxpayer’s life insurance policy instead.

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CCH (http://tax.cchgroup.com) reports:

Acceptance of Life Insurance Assignment Recommended

The IRS Chief Counsel has recommended that the IRS accept assignment of life insurance benefits in lieu of continuing the taxpayers’ installment agreement. The taxpayers, a married couple, had entered into an installment agreement that would not result in full payment. One of the taxpayers was terminally ill, and they proposed assignment of the death benefits of a life insurance policy to the IRS in satisfaction of their liability.

The IRS had no authority to terminate the existing agreement, or to seize assets of the taxpayers covered by that agreement, and immediate liquidation of the funds would not have satisfied the liability in full. Therefore, the Chief Counsel recommended that the IRS accept the offer of assignment of the death benefits of the taxpayers’ life insurance policy.

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