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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1376
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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I have a coprate tax problem that has now become a personal

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I have a cooperate tax problem that has now become a personal one. I had a business partner that was the money partner and I was the talent and sweat. He took care of all the financial and I the work and talent it was a restaurant. He kept the entire book keeping at home and I never sigh a tax return or Meany checks only when had to. We had a pay roll tax problem in 2005. This is a email I received from my partner


Subject: Letter from treasury
Date: 5/25/2005 11:21:43 P.M. Eastern Daylight Time
From:XXX@XXXXXX.XXX



To:XXX@XXXXXX.XXX









Sent from the Internet (Details)






I got this today also...Although I have been avoiding calling this guy as I do not have a solution to the issue, I might have to tomorrow. I am going to try to talk to Bud as early as I can tomorrow am...he is in at 8:00am. After I feel him out for what he is willing to do, I will call this Ron Web. FYI - I have indicated in every written correspondence that this whole matter is completely my fault and that it was completely my responsibility. All of the forms filled out show that I was solely responsible for making payments and that I did not.

Anyway, call when you get up and I should have answers.


Well after he talked to our land lord Bud and got him to loan us money for build out the back of the restaurant and got me to sign it he paid the taxes. I should know then I couldn’t trust him I thought he made a mistake. Well now the restaurant has been closed 3.5 yrs and there was a tax bill for 2007 unpaid patrol taxes. I have several emails stating he was taking care of it.

I have heard about their being a responsible party issue when it come not paying taxes. I would have paid them before other things he paid. I sigh loans I thought he was paying taxes with. How should I approach this?

The IRS has a lean on my house, took my 2010 tax refund I don’t even know if he has been charged personally also or what.

He is not allowed to get involved in my personal account. Nor would I give him permission…he communicates to much information to other people…has told all kinds of people how much money I am making now. There is only one person I deal with now and she is at the branch on Roosevelt.
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Monday, February 14, 2011 7:45 AM
To:XXX@XXXXXX.XXX
Subject: Re: Garnishing my wages
Is Mark still with the bank, I know he would help if I was to need them before you get back.
The thing is the settlement and payment plan can not affect my ongoing tax paying …that is why they want to look at my returns. They are working with me to get an amount that can cover both ongoing and past due…I have cancelled checks
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Wednesday, December 22, 2010 9:23 AM
To:XXX@XXXXXX.XXX
Subject: Re: (no subject)
Wow I fond it ok you told me that before you spoke to them how can it be reduced I thought was what you where going for. Thinking you where going to make settlement. I guess they need the tax returns to decide on how.
Have you received any statements of your payments or copies of the canceled checks you've sent?
In a message dated 12/22/2010 8:27:32 A.M. Eastern Standard Time,XXX@XXXXXX.XXX writes:
Yes and as I said…need to get them my returns in the next couple of months (her timing)…I plan to have it done by the second week of Jan……but I should keep making payments until it is all settled …which I will do. No mention of your name or anything to do with you.
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Wednesday, December 22, 2010 8:21 AM
To:XXX@XXXXXX.XXX
Subject: (no subject)
Did you get to speak to the IRS yesterday? What did they tell you. What info if any did they dive you?
In a message dated 2/14/2011 7:40:25 A.M. Eastern Standard Time,XXX@XXXXXX.XXX writes:
Not after the last statement…so anything before January I have to request….this is TIB!
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Monday, February 14, 2011 7:37 AM
To:XXX@XXXXXX.XXX
Subject: Re: Garnishing my wages
don't they just show up when you go on line? I know they use to. They do with my bank. Don't know if you can send then email but I can print mine out at home.
In a message dated 2/14/2011 7:30:34 A.M. Eastern Standard Time,XXX@XXXXXX.XXX writes:
I will have to request cancelled checks and can when I get back….need them electronically
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Monday, February 14, 2011 7:26 AM
To:XXX@XXXXXX.XXX
Subject: Re: Garnishing my wages
Thanks for info, but now I have to call I should of called along time ago. Thank god I don't work for small Chef now but it's only time they find me. I can't stay out of it like you asked me to. Will you please send copies of canceled checks when you get home. I'm sure they will want to see them, and any other number or info I should have?
Thanks

In a message dated 2/14/2011 7:18:36 A.M. Eastern Standard Time,XXX@XXXXXX.XXX writes:
The only women that I have had an extended conversation with is Ms. Glasser emp #(NNN) NNN-NNNN…she would not give a direct number other than the main number XXX-XXX-XXXX…she is the one who told me to do my returns and mail them in to IRS in Bensalem, PA with a letter asking for someone to call to make arrangements which I did last week…have not heard from anyone
I have continued to make payments
6/23/10 $8,000
12/2/10 $10,000
12/20/10 $6,000
1/24/10 $6,000
Not back in town till tomorrow am….but this is what I can get off my computer…may have more notes at home and will review when I get there
Bart
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Saturday, February 12, 2011 1:41 PM
To:XXX@XXXXXX.XXX
Subject: Garnishing my wages
Jennifer from small chef just said she got a notice to Garnishing my wages for the money ALIBAR owes the government. I guess what you are doing is not enough for them. I will be contacting them and a lawyer on Monday. I have all of what you have said you where or did. I hope this doesn't make me loose my currant job.
please let me know who you are working with and where we stand. You said you didn't want to move till they did well they are making move I need to check and see if they have attached whatever I have in the bank. I really thought we would of had this under control by now
Well
HELP ME I DON’T KNOW WHAT TO DO

 

Optional Information:
State/Country relating to question: Florida


I have a cooperate tax problem that has now become a personal one. I had a business partner that was the money partner and I was the talent and sweat. He took care of all the financial and I the work and talent it was a restaurant. He kept the entire book keeping at home and I never sigh a tax return or Meany checks only when had to. We had a pay roll tax problem in 2005. This is a email I received from my partner


Subject: Letter from treasury
Date: 5/25/2005 11:21:43 P.M. Eastern Daylight Time
From:XXX@XXXXXX.XXX



To:XXX@XXXXXX.XXX









Sent from the Internet (Details)






I got this today also...Although I have been avoiding calling this guy as I do not have a solution to the issue, I might have to tomorrow. I am going to try to talk to Bud as early as I can tomorrow am...he is in at 8:00am. After I feel him out for what he is willing to do, I will call this Ron Web. FYI - I have indicated in every written correspondence that this whole matter is completely my fault and that it was completely my responsibility. All of the forms filled out show that I was solely responsible for making payments and that I did not.

Anyway, call when you get up and I should have answers.


Well after he talked to our land lord Bud and got him to loan us money for build out the back of the restaurant and got me to sign it he paid the taxes. I should know then I couldn’t trust him I thought he made a mistake. Well now the restaurant has been closed 3.5 yrs and there was a tax bill for 2007 unpaid patrol taxes. I have several emails stating he was taking care of it.

I have heard about their being a responsible party issue when it come not paying taxes. I would have paid them before other things he paid. I sigh loans I thought he was paying taxes with. How should I approach this?

The IRS has a lean on my house, took my 2010 tax refund I don’t even know if he has been charged personally also or what.

He is not allowed to get involved in my personal account. Nor would I give him permission…he communicates to much information to other people…has told all kinds of people how much money I am making now. There is only one person I deal with now and she is at the branch on Roosevelt.
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Monday, February 14, 2011 7:45 AM
To:XXX@XXXXXX.XXX
Subject: Re: Garnishing my wages
Is Mark still with the bank, I know he would help if I was to need them before you get back.
The thing is the settlement and payment plan can not affect my ongoing tax paying …that is why they want to look at my returns. They are working with me to get an amount that can cover both ongoing and past due…I have cancelled checks
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Wednesday, December 22, 2010 9:23 AM
To:XXX@XXXXXX.XXX
Subject: Re: (no subject)
Wow I fond it ok you told me that before you spoke to them how can it be reduced I thought was what you where going for. Thinking you where going to make settlement. I guess they need the tax returns to decide on how.
Have you received any statements of your payments or copies of the canceled checks you've sent?
In a message dated 12/22/2010 8:27:32 A.M. Eastern Standard Time,XXX@XXXXXX.XXX writes:
Yes and as I said…need to get them my returns in the next couple of months (her timing)…I plan to have it done by the second week of Jan……but I should keep making payments until it is all settled …which I will do. No mention of your name or anything to do with you.
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Wednesday, December 22, 2010 8:21 AM
To:XXX@XXXXXX.XXX
Subject: (no subject)
Did you get to speak to the IRS yesterday? What did they tell you. What info if any did they dive you?
In a message dated 2/14/2011 7:40:25 A.M. Eastern Standard Time,XXX@XXXXXX.XXX writes:
Not after the last statement…so anything before January I have to request….this is TIB!
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Monday, February 14, 2011 7:37 AM
To:XXX@XXXXXX.XXX
Subject: Re: Garnishing my wages
don't they just show up when you go on line? I know they use to. They do with my bank. Don't know if you can send then email but I can print mine out at home.
In a message dated 2/14/2011 7:30:34 A.M. Eastern Standard Time,XXX@XXXXXX.XXX writes:
I will have to request cancelled checks and can when I get back….need them electronically
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Monday, February 14, 2011 7:26 AM
To:XXX@XXXXXX.XXX
Subject: Re: Garnishing my wages
Thanks for info, but now I have to call I should of called along time ago. Thank god I don't work for small Chef now but it's only time they find me. I can't stay out of it like you asked me to. Will you please send copies of canceled checks when you get home. I'm sure they will want to see them, and any other number or info I should have?
Thanks

In a message dated 2/14/2011 7:18:36 A.M. Eastern Standard Time,XXX@XXXXXX.XXX writes:
The only women that I have had an extended conversation with is Ms. Glasser emp #(NNN) NNN-NNNN…she would not give a direct number other than the main number XXX-XXX-XXXX…she is the one who told me to do my returns and mail them in to IRS in Bensalem, PA with a letter asking for someone to call to make arrangements which I did last week…have not heard from anyone
I have continued to make payments
6/23/10 $8,000
12/2/10 $10,000
12/20/10 $6,000
1/24/10 $6,000
Not back in town till tomorrow am….but this is what I can get off my computer…may have more notes at home and will review when I get there
Bart
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX]
Sent: Saturday, February 12, 2011 1:41 PM
To:XXX@XXXXXX.XXX
Subject: Garnishing my wages
Jennifer from small chef just said she got a notice to Garnishing my wages for the money ALIBAR owes the government. I guess what you are doing is not enough for them. I will be contacting them and a lawyer on Monday. I have all of what you have said you where or did. I hope this doesn't make me loose my currant job.
please let me know who you are working with and where we stand. You said you didn't want to move till they did well they are making move I need to check and see if they have attached whatever I have in the bank. I really thought we would of had this under control by now
Well
HELP ME I DON’T KNOW WHAT TO DO

 

Optional Information:
State/Country relating to question: Florida


Submitted: 2 years ago.
Category: Tax
Expert:  Jax Tax replied 2 years ago.

Jax Tax : You have been assessed the trust fund portion of the payroll taxes. This is the amount withheld from employees but not paid to the IRS. Luckily it does not include the corporate match of FICA or penalties and interest.
Jax Tax : You need to call IRS at(NNN) NNN-NNNN If all personal returns are filed and the debt is under $25k, you can set up a 60 month payment plan. If set up via direct debit from your bank account, the lien can be released upon 3rd direct debit payment and submission of a request to withdrawal notice of federal tax lien.
Jax Tax : If over $25k, you will have to supply form 433f to request a payment or hardship status. The lien unfortunately will not be removed until the tax is paid or ten years from the date of assessment passes.
Jax Tax : You need to do something before they levy bank accounts and wages.
Jax Tax : As for you believing he is responsible. The IRS would have had to attempt contact with you at your last know address before assessing the tax and done a responsibility interview called a 4180 interview. If you did not do this, you ignored their requests and letters.
Jax Tax : All time to appeal has since passed.
Customer:

I


I'm already in heart ship status, he was the one in contact with the IRS I have copies of all emails saying so. He even threatened me to stay out. Why would it be too late to prove he is the responsible party and not I and get this from over my head? Or how do I find out if we are both assessed the same amount and when he is done paying it will they drop that amount from being levered over me??


 

Expert:  Jax Tax replied 2 years ago.
Yes, if either of you pay, it will reduce both of your debts. You could file a 656L to attempt to have it removed, but you would need all bank account statements with copies of all checks, copies of all tax returns, and copies of all payroll checks for those periods. The point would be to show you were not involved financially in the business. That is not all. You also must show you did not know about the issues and did not gain financially from them not being paid. And lastly, that you were not responsible by title alone for the tax debt. A president or single owner is typically liable for actions of others acting on their behalf. It will be a though thing to do. I recommend you take steps to minimize yearly refunds until it is paid. If married, file a injured spouse form with your return so your spouse will get their portion. You can amend up to 3 years back to reclaim these if they have been taken and your spouse did work.
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1376
Experience: JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
Jax Tax and 5 other Tax Specialists are ready to help you
Expert:  Jax Tax replied 2 years ago.
To answer your question on why it is too late is because you have only have a short period from the assessment to appeal. If you do not, your only option is to full pay and file suit for refund in district court.
Expert:  Jax Tax replied 2 years ago.
I noticed your response is being posted in a separate question. Please respond here. The answer to your question is the appeal time has passed. The only choice is the 656L as stated above but is very unlikely to be successful. The reason is that the IRS has already determined you are responsible. You can however try.
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1376
Experience: JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
Jax Tax and 5 other Tax Specialists are ready to help you

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