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I received a notice from the stte of NC claiming i owed them…

Customer Question
I received a notice...

I received a notice from the stte of NC claiming i owed them $22,000 from 2010, including penalty and interest - I know I paid that but can't locate my record - they say to keep them 5 years. This was the first notice 6 years later! I found a $9350 tax withholding from my 401K Merrill Lynch and they went ahead and credited that but not the rest - believe me I would have noticed that amount not paid. I don't have much in the way of assets at this point (will inherit a 2-300,000 thousand from my 97 year old father but that doesnt help now - Im doing my darndest to find some indication of payment but without sucess so far can I push back on the time, 6 years or the fact im now only living on social sercurity?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Has anything been filed or reported?

Yes, but when they sent me a copy it had the payment page blank - im scratching my head about how they got that but not the actual payment page

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's about it thanks

Submitted: 7 months ago.Category: Legal
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Answered in 52 minutes by:
12/9/2017
Lawyer: Edward Young,
 replied 7 months ago
Edward Young
Category: Legal
Satisfied Customers: 516
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

I will figure this out for you. I am very busy today. Is it alright if I get back to you later this evening?

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Customer reply replied 7 months ago
that's fine - let me know if you need some more information
Lawyer: Edward Young,
 replied 7 months ago

Is the amount due for unpaid income taxes, property taxes, or something else? And, at the time you owed the tax were you working and receive a W-2 or 1099?

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Customer reply replied 7 months ago
unpaid state income taxes - i did get a W-2 but it was for $9350 and they tax came to $13,500
Lawyer: Edward Young,
 replied 7 months ago

Why was your tax so high? Did you have capital gains? Do you think this was an accounting error?

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Customer reply replied 7 months ago
it was from cashing in a 401K - but i have every reason to believe I paid it but since its 7 years ago i do not have the records - can I possibly get it waived due to time? and im not in a financial postion to pay it now that im on social securtiy
Customer reply replied 7 months ago
I see an additional charge of $31 on my credit card and there is no indication of the why and how this was charged? I still haven't received any advice? How does this work? Initially it said $5 and no indication of the process. Obviously I expected to pay more than $5 but I want the detials of what I get and what I pay - thanks
Lawyer: Edward Young,
 replied 7 months ago

I see that you have a billing question. I will refer it to the Administrator so that they can take the appropriate action. In the meantime, I will answer your question.

There is a 10-year statute of limitations on collecting a tax debt in North Carolina, so they can legally seek to collect your back taxes.

Have you checked with the company that administers your 401k plan? Usually, they keep good records of disbursements and taxes paid. Perhaps they have a record of it. My 401k plan, for example, withholds taxes for me.

If you cannot prove that you paid the tax, North Carolina has a procedure for negotiating a lower tax payment. It is called an Offer in Compromise(OIC). Here is a link to the form:

https://www.ncdor.gov/documents/offer-compromise

There are no rules when it comes to the dollar amount you should offer in your OIC, other then you should offer as much as you can and offer it up front. Explain your situation to them. Since you are now retired and living on social security, they should be understanding. Also, talk to the NC taxpayer advocate who can explain the OIC process. In North Carolina, this is a free service.

If you have questions about the OIC process, contact the NC taxpayer advocate, you should. This is a free service, and I've given you the link for the service in NC: https://www.ncdor.gov/contact-us/office-taxpayer-advocate

I hope this helps.

Please go ahead and rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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