TELEPHONE :(858) 292-0700
FAX : (858) 292-1600
EMAIL : dgreenberg@fixabletax.com
 
 
  HOME ABOUT US OFFER IN COMPROMISE FAQ'S FREE CONSULTATION  
Request Special Reports
Peace of Mind
Don't Be Ruined
Kinder & Gentler
Payroll Taxes
What The IRS Never Said
Do You Know Some One
Innocent Spouse
Offer In Compromise
Read This Now
Protect Your Business
Installments
Adudit


CLICK HERE TO REQUEST YOUR FREE SPECIAL REPORT WITH BONUS CD OF ONE OF DAVIDíS MANY RADIO SHOW GUEST APPEARANCES.

 
         

WHATíS THE ANSWER?

Q:

The IRS is asking me questions about my ex-employer and what services I performed in my position for that employer. The company has since closed and I have a new job. Why are they asking me questions and what should I tell them?

A:
Most likely the IRS is asking about your old employer and your duties in that company for the purpose of determining who may be a "Responsible Person" for any unpaid payroll taxes the company failed to pay. This is a very SERIOUS problem which should not be taken lightly. Before you answer any questions, you must ask the IRS the purpose of their questions and if in fact they are concerning unpaid payroll taxes, you must immediately obtain professional help for the following reason:
The IRS may be able to show that you were some how a "Responsible Person" and assess a penalty against you personally for part of the unpaid payroll taxes. This would allow them to collect from you, your assets or your income the payroll taxes that your ex- employer failed to pay to the IRS. As you can see this is not something to fool around with regardless of your innocence.


Q:
Can the IRS take my home if I don't pay the old taxes I owe?

A:
Yes, the IRS has the power to seize your home for unpaid taxes and hold a public auction to sell your property. You must owe over $5,000 before the IRS can take this serious action.


Q:
I work as an independent contractor so the IRS can't garnish my wages because I don't have any. I owe approximately $23,467 for 1995 and 1996. Can they garnish my independent contractor income?

A:
Sure, if they can find it. Any person or company that pays you over $600 a year is required to file a Form 1099 each year with you and the IRS. This Form 1099 tells the IRS among other things, who is paying you, how much they paid you last year and where you and the person paying you are located. The IRS simply files a Notice Of Levy on the person or company that is paying you and levies any amounts due

currently to you or amounts that come due to you in the future. The company which receives such a Levy Notice may not want to help the IRS collect from you, but they have no choice. This companyís added burden of dealing with IRS paperwork unfortunately makes you more of a headache than other sub-contractors.


Q:
I've been making monthly payments to the IRS for an old tax debt that was from my ex-spouse. I don't think it's right that I have to pay off my ex-spouseís taxes. Is there anything I can do to just pay my share of the taxes?

A:
Yes you may be eligible for a number of IRS programs to avoid paying this old joint tax liability. These IRS programs are specifically designed for taxpayers who can't afford to pay off the old tax liability or where the taxpayers may qualify as an "innocent spouse" because they were not aware of the tax liability.

Either of these programs could save you substantial amount of money and give you back your financial freedom. The Offer In Compromise provides taxpayers a way to settle with the IRS for a much smaller amount than is owed for all taxes, penalties and interest. The less money and assets you have, the better candidate you are for an Offer In Compromise.

Taxpayers suffering from an old tax liability with an ex- spouse may be a great candidate for the new innocent spouse relief. The Tax Law changes of 1998 provide a much more generous description of what situations qualify for innocent spouse relief.

The new innocent spouse law is retroactive, which means that it allows taxpayers who currently owe back taxes to file for this new innocent spouse relief. This offer by the IRS to let taxpayers file for innocent spouse relief on old tax liabilities is only available for a limited time.

Both of the options I've explained above can literally change your life. You may be able to get out from under the pressure of owing the IRS and Get on with your life. I suggest that based on your situation that you call my office and make an appointment to discuss the particulars of your Case.



Q:
Can the IRS levy on my retirement income?

A:
Unfortunately, they most certainly can. The IRS can even levy your Social Security and Pension Benefits. If you never take care of your IRS Problems, youíll probably work until you die . . . . because youíll never have the opportunity to save or have anything put away for retirement. Do yourself a favor and take the 1st step to ending your IRS Problems. Waiting will not help you or your family. Start now and in a short time youíll be like your neighbors, co-workers and friends, enjoying life and not worrying about the IRS knocking at your front door.

There are solutions available to you that can prevent this terrible disruption of your retirement security.( I discuss this issue frequently during my free consultations.)




Q:
The IRS told me that I was "uncollectable" and to just pay my current taxes on time and after 10 years my old taxes would "go away." This sounds too good to be true, is it?

A:
Yes. The IRS has an uncollectable status which they assign to taxpayers who currently do not have any ability to make payments on old tax liabilities. This status is usually a temporary status and can be changed at any time by the IRS. This means if your income increases or a certain amount of time elapses, then the IRS computers will kick your "uncollectable" case into the collection mode and youíll be contacted to start making payments on your old tax liability.

The big problem with "uncollectable" status is that the IRS continues to add penalties and interest to the original amount you owed. This usually results in your original tax liability growing to such a large amount that you could never pay it off. Many taxpayers that are put

in "uncollectable status" by the IRS are never told about the additional penalties and interest.

The IRS does have just 10 years to collect taxes from a taxpayer, but the odds of your case staying in uncollectable status for the entire 10-year period are very low. In most cases, the IRS will attempt collections somewhere along the line and at the very least they will attempt to have you sign a form allowing them more time to collect the taxes beyond the 10-year period.



Q:
I hear people say they never file tax returns and the IRS doesnít do anything to them. Why should I continue to file?

A:
Taxpayers who get behind in filing tax returns from time to time often make the problem worse by never filing.

You know the IRS is out there looking for you and you want to start sleeping like a baby again. So whatís the hold up? Well, most people with unfiled returns are afraid of what will happen to them when they get back in the system. By using an Attorney to represent you, as you file these old returns, the Attorney will be the contact person with the IRS. They will deal with all the IRS communications, and you can get straight with the IRS without worrying.

Sure there are people who donít file returns and havenít been caught yet, just as there are drunken drivers that havenít been arrested yet. But, over time, many people are caught for both drunken driving and income tax evasion. Taxpayers who fail to file an income tax return each year can be criminally prosecuted and receive jail sentences.

Hopefully, this potential loss of freedom is enough to convince you to file. Itís one thing to owe the U.S. Government some money, but itís an entirely different thing to owe them part of your life. Many people brag about getting away with certain acts until they are caught. Donít use other peopleís bragging as the basis for your own decisions.

If you havenít filed for awhile and youíre scared of the consequences, donít be. You can use a firm like ours to represent you with the IRS and help slip you back into the system.




Q:
I donít mind paying the IRS for the taxes I owe, but I canít stand the thought of paying all the penalties they hit me with. Is there any way to get rid of the penalties?

A:
Sure, the IRS will abate penalties if you have "reasonable cause." This means that you must have some excuse for your actions other than "I forgot" or "I didnít feel like filing." You need something original. I often write letters to the IRS requesting them to abate the penalties for my clients that have had penalties assessed against them.

These letters can contain all kinds of reasons why my client should have their penalties abated such as: These letters can contain all kinds of reasons why my client should have their penalties abated such as:

Loss of a loved one

Alcoholism

Depression

Gulf War

Accountantís Advice

The only possible way to have your IRS penalties abated is to ask. I guarantee the IRS will not abate any penalty if you don't at least ask. In most cases the professional fees for requesting penalty abatements are often very small in relation to the possible savings. Before you dismiss your chances of the IRS accepting your reasons for penalty abatement, let me be the judge. Call for an appointment to discuss the possibility of saving hundreds or thousands of dollars in IRS penalties.



WHATíS THE ANSWER?

Taxpayers have the right to look at their own IRS file.

Many taxpayers would be surprised to see how much and often how little the IRS actually knows about them. Requesting such records is best done by an Attorney who understands how the IRS works and can read the coded documents in your file. The Attorney requesting such information does not raise any red flags and usually has the file information in 30 days. If you're concerned about what they know about you, we can take a quiet peek for you.


Taxpayers who find themselves at odds with the IRS should never speak directly with the IRS, even if completely innocent.

Get an Attorney who deals with them everyday to handle the discussions.It's amazing how many IRS cases are generated out of seemingly normal conversations. Avoid worrying about IRS problems by having an experienced Attorney take care of them. Your IRS Problems becomes our problems. We can usually provide you immediate help with any IRS problems.


  MYTH: I can't afford to pay any taxes by April 15 ... so I'll just file for an extension.

 
Fact: A taxpayer can obtain an automatic, four-month extension for submitting Form 1040 by filing Form 4868 instead. Payment of any estimated tax due is not required with Form 4868 ... but a reasonable estimate of the balance due must be provided. If you understate the estimated tax due, the IRS can invalidate the extension -- and assess late filing fees.


  Myth: If I use the return label the IRS provides, I will be more likely to be audited.

 

Fact: Using the peel-off IRS label puts a tax return into a "routine processing" mode, rather than singling it out for special processing. Your return is no more likely to be audited. Fact: Using the peel-off IRS label puts a tax return into a "routine processing" mode, rather than singling it out for special processing. Your return is no more likely to be audited.


Q: Why is the IRS bothering me for my ex-husbandĎs taxes?

A:

Most likely itís because you filed a joint tax return with your ex-husband and youíre liable for the taxes owed on the return. When you signed the return, he may have told you or you just assumed that he was going to pay the taxes owed with the return. It appears that he never paid what was owed for the year in question.

If the taxes owed were from income that your ex-husband earned, then you may not be responsible for any of his taxes. Even if you signed the return in question, you may qualify for a new type of tax relief called ďinnocent spouseĒ relief. This new tax law gives taxpayers suffering from situations similar to yours, the ability to request that the IRS only collect the tax from the individual taxpayer who was responsible for the income.

You may qualify for this great new change in the tax law and not even know it. Some of the new innocent spouse relief measures are only available for a limited amount of time and the clock is ticking.

If you're currently stuck with a tax bill from an ex-spouse then by all means contact me to discuss your options under the new innocent spouse relief.




Q:
My small business is having a problem keeping up with our payroll taxes because some of my customers are not paying me. I'm scared to file my payroll tax returns and then have the IRS show up and close me down. Any suggestions?

A:

The best advice I can give you may not be what you want to hear, but it will stop you from getting in deeper trouble with the IRS and it should help save your business.

This is what you need to do. First, prepare all old payroll tax returns and file them with the IRS even if you haven't paid a penny of the taxes owed. Second, pay your payroll taxes current for the period you're in today. Third, stay current with all future payroll taxes. If you do these three things you have substantially reduced the likelihood of the IRS closing your business.

If you can't do these steps, then most likely your business is in serious trouble as well as your personal assets. The IRS is somewhat reasonable with business owners who get behind in payroll taxes, but who have at least filed all required payroll tax returns and are current for this period's payroll taxes. However there is no guarantee that your business is completely safe when you owe payroll taxes.

Dealing with the IRS directly on payroll tax issues is a very delicate situation. One wrong answer could spell the end of your company. I suggest that any business with payroll tax problems get immediate professional advice and avoid any direct personal discussions with the IRS.



Q:
I just filed my last 7 years tax returns. I had refunds for the oldest 4 years, but owed taxes for the most recent years. The IRS wrote me a letter that said they were not going to give me my refunds, but that I still owed for the other 3 years. What's up with this?

A:

The IRS is only required to pay refunds on tax returns which are filed within 3 years of the due date of the return. It sounds like your four oldest returns must have fallen into this area because you filed them so late.

I realize this doesn't seem fair, especially when those refunds could have been used to pay off the other years in which you owed taxes. Any other reader who thinks he or she may be entitled to refunds for years not yet filed should contact my office immediately. It's bad enough to have to pay taxes, but to lose a refund for filing late is a bitter pill.




  Let Me Tell You A Dirty Little Secret That The IRS Will Never Tell YouÖ

 

"The best time to deal with the IRS is when you're down and out."

When you think it can't get any worse, itís the best possible time to scrape together the money to hire a professional to end the inevitable. You know in your gut those IRS problems won't go away by themselves.

Having a professional wrap his arms around you and your family can give you the confidence to go on with day-to-day living while you let him fight the fight. This allows you to stop worrying about threatening phone calls, certified letters or the KNOCK AT THE DOOR ... it lets you concentrate on getting back on your feet.


  Many Taxpayers Make The Mistake of Not Taking Advantage of The Bad Times in Life To End IRS Problems.

 
Believe me, taxpayers who are upside-down financially are usually in fantastic shape for ending IRS problems. Take advantage of this temporary condition. Life will get better... but IRS problems will still be there. Many taxpayers qualify for IRS programs that allow them to pay only pennies on the dollar for taxes, penalties and interest.

If you or anyone else you know is imitating an Ostrich ... this is your chance to pull your head out and get some free advice. What have you got to lose... except your financial life and any chance of retirement.

Call my office today to set a free confidential consultation and discuss your options. If you know someone else with IRS Problems, Call For Them. You'll be doing them a great favor and it's FREE. Call Today!


GO TO: Request Free Special Report

| Free Consultation |

 
 

   © 1999-2006 David S. Greenberg, Attorney at Law All Rights Reserved.
9089 Clairemont Mesa Blvd #208, San Diego, CA 92123