Protecting Businesses from Forced Closure | Negotiating Levy Releases
Offering Committed Protection | Recent Abatement Success Stories
Recent Formalized Installment Agreements | Creative Settlements

Protecting Businesses from Forced Closure

• A gas station in Aurora, Illinois hired Clear Creek Consulting to manage a $16,000 liability owed to the state. The majority of the liability was Sales and Use Tax, and the remaining portion was Withholding Tax and Motor Fuel Tax liability. The business was set up on a $1,300 payment plan when our client hired our firm, however our client defaulted due to client’s inability to make the high monthly payment. There was also a pending levy when client came on board. Due to the compliance status of the business we were unable to release the levy which included several missing returns and not meeting current tax obligations. While we were trying to get our client into a current and compliant status, a discrepancy regarding underreported Sales and Use reports surfaced, and the State Agent enforced collection action by revoking the business’ sales license. At the hearing, our client was told he must pay the balance in full before the business license could be reinstated. Once the business license had been revoked, it was apparent that we needed to change our tactics. The Associate quickly began making contact with every department including the revocation department, the problem resolution department, the appeals department, and again with the State Agent that had issued the revocation. Ultimately the State Revenue Agent had precedence over reinstating the business license. Finally, the Associate was able to get the State Agent to allow the client to operate so the business could pay back its debt. We argued that if the business was closed, it would be more difficult if not impossible to pay the tax obligation. The State Agent finally agreed to reverse the revocation and allow our client to begin operating and making monthly payments of $750 per month.

• A residential home construction company in Richmond, Virginia hired Clear Creek Consulting to resolve a state liability in the amount of $23,420 after our client had received a “Notice of Intent to Padlock” from the state. Immediately, the Associate assigned to this file initiated steps to protect our client from being permanently closed down and also negotiated a three month Installment Agreement with the first two payments only being $1,000 each. The client made it clear that full payment after three months would not be a problem and wanted to resolve this issue in the quickest manner possible.

• An Auto upholstery company in Renton, Washington hired Clear Creek Consulting on the day that two state agencies issued a Notice of Closure and a Notice of Revocation of License against this business for a state liability of $32,500. This amount may not seem to warrant closure, however, this company has had a history of non compliance for nearly 25 years. Once hired, the Associate filed an appeal to extend the timeline for our client who was trying to close a loan to pay down this liability. Due to our committed protection, our client was able to secure the loan and get current and compliant. Once this loan closed, the Associate then negotiated an affordable Installment Agreement for half the amount that the Territory Manager had originally demanded.  Our client is grateful to still be in business.

• A Mexican restaurant located in Mt. Washington, Kentucky hired Clear Creek Consulting to save their business from being closed by the state for a liability of $45,000. The pressure was due to our client’s negligence in not filing state returns for several quarters. Within a week, the Associate assigned to this client managed to get our client current by filing all of the outstanding returns which immediately reduced the liability down to $30,000. Nonetheless, the state still had an injunction against our client, and was set to close our client’s business in two weeks if the remaining payment was not made in full on or before the court date. After many heated negotiations, the state backed down and accepted a $5,000 down payment and a payment plan of $1,000 per month over a two year period of time. With their entire life savings invested in this restaurant, this family of five can now take care of their ailing father and rest assured that their life’s savings is no longer at risk of being seized.

• The owner of a restaurant and bar located in Louisville, Kentucky hired Clear Creek Consulting to resolve an issue that had been ignored for way too long. In this period, the client had been diagnosed with cancer and was out for treatment and no returns were being filed, and a small state liability had grown to $100,000. At issue, was the need for a liquor license renewal with the state and local Alcohol Control Boards, however with the outstanding tax liability, the state had already pulled the liquor from the restaurant and was headed for immediate closure. Our client had an administrative disillusionment due to non-renewal of the articles with the state. The articles could not be renewed unless a Letter of Good Standing from the Department of Revenue was obtained. The liquor license could not be renewed by statute without the articles. A Letter of Good Standing was unobtainable due to the $100,000 liability and the recent filing stating that a number of year’s worth of missing state returns were still outstanding. Through extensive negotiation, the State Alcohol Beverage Control Board eventually agreed to allow the company to renew the liquor license. However, the Metro Alcohol Beverage Control Board also needed to be renewed and stated that they would not renew it due to the liability and missing returns. By extensively researching the state’s statutes, the Associate uncovered that the business only needed a signature of ‘Good Standing’ from the Metro Revenue Commission indicating that no tax was owed. Contact was made with the Revenue Commission and it was negotiated that the agent would give a tax clearance and allow the license to be renewed. We then proved that the Metro Alcohol Control Boards did not have the authority to close this business due to this technicality that we uncovered. Our client now has his much needed liquor license which accounts for 25% of the business’s net income. 

• A health services company in Cleveland Ohio hired Clear Creek Consulting while they were being levied for $60,000 by the IRS for a liability of approximately $57,000. This levy hit our client’s bank just prior to payroll two days before Thanksgiving, leaving absolutely no money to pay the 52 employees who care for over 200 bedridden and sick patients. Because the Revenue Officer, her manager and the Appeals Division, would not release the levy, the Associate assigned to this case contacted the Taxpayer Advocacy Office, and was finally able to get the levy released. In getting this levy released, we saved the company from having to shut its doors thereby ensuring that these patients in this small community would continue to get the care they desperately needed, not to mention the much needed jobs this company provides.

• A Japanese restaurant located in New York hired Clear Creek Consulting to resolve a $20,000 liability to the Internal Revenue Service and $30,000 liability to the State of New York. Upon being hired, the Associate assigned to this case negotiated a two month hold on enforced collection so the business could negotiate a partial sale to an investor in order to raise much needed cash to keep the business afloat. Within this time frame the business managed to raise the needed cash and paid off the liability owed to the Internal Revenue Service. With regards to the State, the Associate convinced the State that they should not only not seize the business because our client had defaulted on nine previous payment plans and furthermore, but that this business was a going concern and could now afford low monthly payments. In the end, the business paid a $15,000 down payment and is now on a 15 month payment plan for the balance even though the State wanted to be fully paid within 12 months. 

• An Ohio landscaping company that was organized as a sole proprietorship hired Clear Creek Consulting to prevent the Attorney General of Ohio from seizing their house as this individual had failed to file and pay taxes for several years. Within days, the Associate assigned to this client negotiated to have all penalties and interest waived on condition that the client get current and compliant and begin to file past due returns. Our client was granted 60 days to get all past due returns filed and is now on an affordable Installment Agreement and is no longer in danger of having their home seized by the state.
• A restaurant located in Shreveport, Louisiana hired Clear Creek Consulting to manage a $26,000 liability to the state in addition to ensuring that the state not revoke the restaurant’s liquor license because the State requires a ‘tax clearance’ before any liquor license is reissued. Within days, the Associate assigned to this case negotiated that our client could afford a 20% down payment on this liability to be paid over two months and thereafter pay the state an affordable Installment Agreement until the liability is paid in full. By ensuring that this liquor license was not revoked, the restaurant is able to stay in business as much of this entity’s sales are derived from selling alcohol.
• The son of the deceased owner of a convenience store located in Massachusetts hired Clear Creek Consulting to manage and resolve a $50,000 liability owed to the Internal Revenue Service. At the time of his father’s death, our client had no idea that the business was behind in its tax obligations, or that it was being threatened to close its doors due to unpaid taxes and for not filing its tax returns. The Associate assigned to this case negotiated a long hold on enforced collection so we could file the needed returns and assess the financial stability of the business. In the end, the business was not forced to close, the returns were filed, and we negotiated a Penalty Abatement of $12,596.51.
• Within weeks of being retained, the Associate assigned to this case negotiated the closure of this Ohio pizza restaurant with the Revenue Officer reducing the liability from $46,000 to $11,000. The balance was negotiated into an affordable Installment Agreement of $183 per month.
• An auto repair company located in Michigan retained Clear Creek Consulting to protect their company from being levied out of existence. As soon as we were their Power of Attorney, the client never received another levy, however, the assigned Revenue Officer still wanted to close this company permanently as the company owed over $250,000 and was deemed insolvent, not able to make any Installment Agreement payments. Within weeks, we were able to negotiate an affordable Installment Agreement in Appeals and the Revenue Officer accepted the terms of this agreement ten days later.
• An Arkansas tire company retained Clear Creek Consulting to protect the company from being seized by the state for a tax liability of $68,732. When retained, the client had defaulted on numerous Installment Agreements, however, with the assistance of the assigned associate, the client is now free from all enforced collection activity, has all of their past due returns filed and posted, and is now on an affordable payment plan after paying a small down payment to the state to reinstate this much needed payment plan.
• When a Salt Lake City sign manufacturing company hired Clear Creek Consulting, they were in the process of having their assets seized which was the final step in having the company permanently shut down by the IRS. Within days of representation, this company was free from all seizure activity and the assigned Associate negotiated an affordable Installment Agreement for the balance of our client’s liability.
• When a warehouse equipment storage facility located in St. Louis Missouri retained Clear Creek Consulting, they were in the process of being shut down by the IRS as the company was trying to stay afloat with 12 account receivable levies issued against them. Within days of representation, we negotiated the release of the 12 levies, and through our bank of lenders, closed a loan for our client in order to pay down the liability so the client could afford the modest monthly Installment Agreement payments.
• A Michigan-based grocery store was in the process of having its assets seized by the state with a business closure hearing having also been set by the state. Within days, the Associate assigned to this file convinced our client to file all of their outstanding returns so we could negotiate our way out of having to attend the business closure hearing. The client is now on an affordable Installment Agreement and free from all state enforced collection.
• A Pennsylvania staffing company retained Clear Creek Consulting to manage $1 million in IRS tax liability and $70,000 in state tax liability. With respect to the state liability, we immediately negotiated an affordable Installment Agreement. With regards to the IRS liability, we successfully calmed the client’s factoring company’s fears that our negotiated ‘stays of enforced collection’ will in fact enable our client to remain in business which is the only reason the factoring company will continue to buy our client’s accounts receivable. Additionally, we are submitting certificates of subordination to the IRS, requesting they subordinate their position to the factoring company so this is no longer an issue.  Simultaneously we are in the final stages of formalizing an Installment Agreement to satisfy the outstanding liability which will protect our client as the liability is being paid.
• A Florida restaurant retained Clear Creek Consulting to formalize Installment Agreements with the IRS to whom the client owed $45,000 and with the State of Florida to whom the client owed $33,000.  Prior to our engagement, the client was not able to make their Installment Agreement payments and remain current on their ongoing tax obligations. Once retained, the Associate protected the client from a State Tax Warrant that would revoke the client’s liquor license which would effectively put our client out of business. We have since renegotiated affordable Installment Agreements to both the State and to the IRS.
• Because our client, a marketing consulting company located in Louisville, Kentucky, could not remain current with their tax obligations, the assigned Revenue Officer issued an accounts receivable notice to our client’s largest client which would have destroyed this business relationship leading to the collapse of our client’s business. Within a week, the Associate negotiated the release of this levy and we are now in the final stages of formalizing an affordable Installment Agreement on an  IRS tax liability approximating $76,000.  Our client also has an $8,000 state liability which is also being managed through affordable monthly Installment Agreement payments.
• Within weeks of initial representation, the Clear Creek Consulting Associate successfully negotiated for the renewal of a revoked California State Farm Labor Contractor’s License even though this Produce Packing Company owed in excess of $1.2 million in agricultural taxes. The Associate also structured and negotiated an affordable Seasonal Installment Agreement that will enable the company to remain in business and address this liability over the next several years.

• A Maryland Daycare Facility retained Clear Creek Consulting to negotiate and resolve a long history of non compliance with an aggressive Revenue Officer. On our first day of representation we contacted the assigned IRS Revenue Officer who indicated that she was in the process of taking immediate enforcement action later that day. After heated negotiations, it was apparent that the Revenue Officer would not move from her position and allow us any request for additional time. We offered to provide her with requested financial documentation by 3:00 PM that day, which afforded us 2 hours and 45 minutes to establish the taxpayer’s compliancy, and submit information to be used as the basis for an Installment Agreement. Working with the taxpayer and their accountant, we were able to avoid enforced collection activity, and establish an informal payment plan with the Internal Revenue Service on our first day of representation.

• An Arkansas fitness company owed the state over $48,000 and had a long history of being delinquent. This company failed to comply with several payment plans requested by their Revenue Agent who had scheduled a hearing to finally close the company forever. Even though this company was scheduled for immediate closure, with the assistance of Clear Creek Consulting, the client is now on an incredibly low payment plan and the hearing for closure was cancelled.

• A Tennessee dry cleaner hired Clear Creek to manage $220,000 in federal and state tax liabilities. On day one of our representation, a senior associate contacted the Revenue Officer who was literally collecting locks and chains to shut this dry cleaner down forever. By engaging immediately, this associate saved this 40 year old family owned business. Furthermore, the Clear Creek associate successfully negotiated that it is in the best interest to the IRS, and to the state to keep this business open. The associate has also negotiated that no enforced collection would take place as long as the dry cleaner makes small and manageable monthly payments until the owner sells the business, and some personal property. This owner is still free from all enforced collection and able to sleep at night.

• A Nevada trucking company was brought current and compliant with its tax filings within two months of hiring Clear Creek Consulting and is NOT filing for bankruptcy which another law firm was advising. The associate assigned to this file negotiated a Tiered Installment Agreement to address the liability as the Company’s cash flow continues to improve.

• Prior to retaining Clear Creek Consulting, a South Carolina interior decorating company had been forced to close their doors by the state due to an accrual of a $127,000 sales tax liability, and for neglecting to file other state returns. The State Revenue Agent was demanding a down payment of 40% with the remaining liability to be paid over the next six months as a condition to reopen the business. After one day of representation, the Clear Creek Consulting associate negotiated the down payment to an affordable 20% of the liability, with the remaining balance to be paid over 18 months. This client is now open for business and more than thankful that they retained Clear Creek Consulting to assist them through this arduous experience.

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