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Published:   |   Last Updated: September 6, 2024

Letter 5100

Collection Appeal Program (CAP) Decision Letter

Where am I on the Roadmap?

Overview

You requested a CAP appeal of a collection activity or warning of collection activity or property subject to collection action. This letter advises you that the review was conducted and the IRS Independent Office of Appeals (Appeals) reached a determination on the IRS decision that either the collection activity or warning of collection activity or property subject to collection action is either sustained or not.

I need more information

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What does this letter mean to me?

The letters advises you of Appeals’ determination on your case and the decision is final.  The case is returned to Compliance to carry out the determination. 

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How did I get here?

You have a balance owed on our tax account or you have property subject to a collection action.  You appealed one of the following actions:

  1. Levy or seizure action that has been or will be taken;
  2. NFTL that will be or has been filed;
  3. A filed special condition NFTL attaching taxpayer property held in the name of a third party (i.e. a nominee, alter ego, transferee, etc. NFTL);
  4. Denials of requests to issue lien certificates, such as subordination, discharge or non-attachment as well as denials of requests to withdraw an NFTL;
  5. Rejected, proposed for modification, modified, proposed for termination or terminated installment agreement;
  6. Disallowance of taxpayer’s request to return levied property under IRC § 6343(d); or
  7. Disallowance of third-party property owner’s claim for return of wrongfully levied property under IRC § 6343(b)
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What are my next steps?

Your case is returned to Collection or the operating division that originated the action.

General Resources

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If you still need help

The Taxpayer Advocate Service is an independent organization within the IRS. TAS helps taxpayers resolve problems with the IRS, makes administrative and legislative recommendations to prevent or correct the problems, and protects taxpayer rights. TAS helps all taxpayers (and their representatives), including individuals, businesses, and exempt organizations. You may be eligible for free TAS help if your IRS problem is causing financial difficulty, if you’ve tried and been unable to resolve your issue with the IRS, or if you believe an IRS system, process, or procedure just isn’t working as it should.

TAS has offices in every state, the District of Columbia, and Puerto Rico. To find your local advocate’s number:

Low Income Taxpayer Clinics (LITCs) assist individuals whose income is below a certain level who need to resolve tax problems with the IRS. They also provide education, outreach, and information on taxpayer rights to individuals who speak English as a second language. LITCs represent taxpayers in disputes before the IRS and courts and help taxpayers respond to IRS notices and correct account problems. Services are offered for free or a small fee. LITCs are independent from the IRS and TAS. For more information or to find an LITC near you, see the LITC Page or Publication 4134, Low Income Taxpayer Clinic List. You can also request Pub. 4134 by calling 800-TAX-FORM (800-829-3676).

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Did you know there is a Taxpayer Bill of Rights?

The taxpayer Bill of Rights is grouped into 10 easy to understand categories outlining the taxpayer rights and protections embedded in the tax code.

It is also what guides the advocacy work we do for taxpayers.

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