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Asking The IRS, Your Banker Or Their Lawyers For Advice?

I got a call this Sunday morning from a distraught small business owner confronting some 941 payroll tax defaults and was quite worried about it, believing he was not a ‘responsible party’ and thus not liable for the tax. He believed his partner was totally responsible.

He was very upset because he called the IRS and was told “everyone involved is liable for all the tax there is no escape, you may as well just pay the obligation because we will come after everyone involved and each of you will be liable for the total bill.”

Part of this is true, the part about them coming after all involved. However the important part is not true. The IRS can only go after the responsible parties and that is determined after a responsible party interview and questionnaire is filled out determining exactly who is in fact the real responsible party. This determination is based on clear guidelines and the decision can be appealed.

The important point here is the small business owner asked the IRS for guidance and then actually took the information given seriously as if it were holly grail, as if it was to be taken seriously. Silly.

The IRS, your banker, lawyers for creditors all have one thing in common. Their job is to collect as much as they can from you or anyone. Why would you believe for one moment that the advice and council they may offer you is true or in your best interest. It never is. It s in their best interest and frequently untrue at best.

The agent above had no idea who was the responsible party as that determination had not even been made so of course “everyone involved ” is not liable, how silly. Yet this was the comment made and the tax payer took it to heart and searched for a defense when in all reality he was not the responsible party and had little to worry about.

You must stop taking council from the enemy. This is far too naive. Their job is to collect not give you advice how not to pay, or even what your rights are, or even if you are liable to pay. They are not obligated to nor inclined to, they represent who you owe, not you.

I have witnessed far to many times to count, the bad or wrong, or  even incorrect advice offered to debtors, and have worse yet seen far too many debtors pay attention to it and do as told.

This must end. Get an experts opinion then act on his or her advice, not the enemies.

 

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2 Responses to Asking The IRS, Your Banker Or Their Lawyers For Advice?

  1. Mike Statler says:

    My son made a foolish mistake on bank loan and provided incorrect info on his income that stated he made more than he actually did. Do banks share this info with the IRS.

    Thanks

    • Don Todrin says:

      They can get this information in a number of different ways. He had best admit he made a mistake and report honestly, it doesn’t pay to lie to the bank or IRS about such matters, it always comes back to haunt you.

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