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Bill Attorney
Bill Attorney, Lawyer
Category: Estate Law
Satisfied Customers: 184
Experience:  Attorney
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I'm not in a rush for the answer, since it's already been 2

Customer Question

I'm not in a rush for the answer, since it's already been 2 years, just need a simple answer about Statute of limitation with IRS
Submitted: 20 days ago.
Category: Estate Law
Expert:  Bill Attorney replied 20 days ago.

This is attorney Bill.

This really depends on the tax filing.

Were the return ever filed ?

Was there any false return made, tax evasion or other ?

Attorney Bill

Customer: replied 20 days ago.
All taxes were paid on time...
Expert:  Bill Attorney replied 20 days ago.

26 US Code 501 : 3years for an audit

Except as otherwise provided in this section, the amount of any tax imposed by this title shall be assessed within 3 years after the return was filed (whether or not such return was filed on or after the date prescribed) or, if the tax is payable by stamp, at any time after such tax became due and before the expiration of 3 years after the date on which any part of such tax was paid, and no proceeding in court without assessment for the collection of such tax shall be begun after the expiration of such period. For purposes of this chapter, the term “return” means the return required to be filed by the taxpayer (and does not include a return of any person from whom the taxpayer has received an item of income, gain, loss, deduction, or credit).

26 US Code 502; 10 years for a collection after assessment

Except as otherwise provided in this section, the amount of any tax imposed by this title shall be assessed within 3 years after the return was filed (whether or not such return was filed on or after the date prescribed) or, if the tax is payable by stamp, at any time after such tax became due and before the expiration of 3 years after the date on which any part of such tax was paid, and no proceeding in court without assessment for the collection of such tax shall be begun after the expiration of such period. For purposes of this chapter, the term “return” means the return required to be filed by the taxpayer (and does not include a return of any person from whom the taxpayer has received an item of income, gain, loss, deduction, or credit).

Depending on whether the audit statute applies or the debt collection statute it will be 3 or 10 years if you made all your returns properly and honestly. There are also a number of exceptions to the 10 year rule for debt collections.

If you need more information please follow up with me.

PLEASE REMEMBER TO RATE GOOD TO GREAT BEFORE EXITING

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Attorney Bill

Expert:  Bill Attorney replied 14 days ago.

Dear Customer,

This is attorney Bill following up with you on your question. We are here to help and provide further information when needed.

PLEASE REMEMEBER THAT EXPERTS WORK FOR POSITIVE RATINGS AND I’VE NOTICED THAT YOU HAVE YET TO RATE.

Encouraging you to follow up

Attorney Bill

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