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Dylatess
Dylatess, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4734
Experience:  36 plus years consumer law practice
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My husband and I years ago, hooked up with a company to decrease

Customer Question

My husband and I years ago, hooked up with a company to decrease our IRS/State Income Tax debt which had grown out of our reach for payment due to incorrect filing status (my husband had directed his contractor employer to with hold the taxes but they did not, a new job at a much higher paying company with our old withholding rates, etc). We contacted We Help Tax (aka Link & Associates), who claimed to be a bunch of ex-IRS attorneys and in our fear and panic and misunderstanding, set up a payment plan which was supposed to take care of our tax debt for less, plus a bit of a refund from our State. We paid them $500 monthly for 5 years and recently found out that they had just been taking our money and never paid a penny to the state or the IRS. We have recently paid off the State; but now, due to interest and non-payment fees, we owe the IRS more than double what we owed in 2008. It is debilitating, terrifying and I want to get my money back from those guys. I need to know how to move forward, I've tried talking to people, they say it falls under consumer protection law as they fraudulently stole our money for all those years. But then when I try to talk to CPL attorneys about it, they say it Tax fraud. I can't get a straight answer and I would sure like my money back so that I may give it all to the IRS, plus interest and perhaps even the emotional trauma that we were subjected to over all of this. We are currently working on payment arrangements with the IRS (which I now know we should have figured out 5 years ago instead of the "easy way out"; but we were scared and didn't understand how this worked back then, we are much more savvy now.) and will have them paid off in 5-6 years, all while having much less of our income than before. Katy
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dylatess replied 1 year ago.

Hello and welcome to Just Answer. For over 35 years, I have answered questions just like yours. And I look forward to assisting you.

 

Thanks for your question. First, it is a consumer matter. And, as part of the many complaints you would allege in your complaint would be both breath of contract AND fraud. But here is the problem. Any attorney that you speak with wants to be paid. And it is will be very difficult to find an attorney to take the case on a contingency. Having said that, you are facing paying several thousand dollars in up front attorney fees with no guarantee of ever seeing a return as this company could file Bankruptcy and wipe out your debt. Therefore, unless you can find an attorney to take the case on a contingency, your best advice is to file a complaint with the federal trade commission (ftc.gov) And if enough people do so, the FTC will pursue criminal charges. But don't assume anything will happen as the FTC works extremely slowly. Sorry. Wish I could give you more positive news. thanks for understanding. Please be so kind as to rate my answer ok or better so that I can get paid for assisting you. I wish you well.

Customer: replied 1 year ago.

My husband and I both have legal insurance through our work, so it is paid 80/20 by the insurance and we can for sure pay the 20%, so that is not a problem. The Insurance keeps giving us attorneys that would be able to cover this; but they keep saying it is either Tax Fraud or the Consumer Protection. I have already filed a complaint with the FTC, per the request/hint of the IRS. Though I have never heard anything from them, it is good to know they are related to molasses. So, basically, we are out the $26k that we have paid them over all these years. Very sad, that's my annual salary.

Expert:  Dylatess replied 1 year ago.

If you have legal insurance, it may be worth paying the 20% copay. Arguably, if you get a judgment, but still do not collect, with the judgment you can use this against any federal taxes you owe as an offset. And you can use the offset over a ten year period. So if you lost $26000, you can deduct $2600 per year for ten years against your IRS tax bill. And at least this is something.

 

Thanks for understanding. Please rate my answer ok or better.

Dylatess, Lawyer
Satisfied Customers: 4734
Experience: 36 plus years consumer law practice
Dylatess and 10 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

and since the amount we now owe the IRS doubled in the last 5 years could we ask for that back or take that off our taxes?

Expert:  Dylatess replied 1 year ago.
NO, I am sorry you cannot as your dispute it with the company that promised to work something out for you with the IRS. So your only remedy is to pursue the company. but in your suit you would be asking for the money you paid plus the additional money it has cost you in additional taxes and penalties.
Customer: replied 1 year ago.

Sir, thank you for your time and answers, I will speak with my husband and move forward in pursuing it.

Expert:  Dylatess replied 1 year ago.
You are welcome.

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