Post: Unpaid Employment Taxes

Posted by David Griffin on 12/20/11
In 1998 I formed my own small business (staffing support agency). 8 months into operation, my major client file bankruptcy and bascially put me under and out of business. As I was trying to survive my buiness, I was making payroll and didn't have enough money to pay employment taxes - then I shut my doors in Jan 1999. Since that time the IRS has used ever available vehicle to collect - from payments I made, to levies, paycheck garnishments, levied my 401K, etc. Since the original assesment was made in June 1999 - the statue of limitations expired in June 2009. HOWEVER, in March 2001, the IRS did a reassesment and claims the statue started back over because they saw where the company had closed it doors and would be unable to pay and so they reassesed in 2001 and charged the taxes to me personally - which I argue was, is, and always had been one in the same. and yet, in received a copy of the transcript of the company's tax liability, they show that all monies collected up to June 2009 where applied to the original tax liability assigned to the my company - not me personally. I want to know, as I was the only owner, operator and responsible party for the company - 1), what legal grounds do I have to argue (or continue to argue) it's one in the same and reassesing the tax liability to me personally in 2001 didn't extend the statue of limitations, and 2)since they've been applying the monies collected against the "company" tax debt, how can I show that they are doing what they argued they couldn't collect to in the beginning. I've been under severe stress over this situation for over 13-years. Thanks for any advice you can render!
Posts on this thread, including this one
- Unpaid Employment Taxes, 12/20/11, by David Griffin.
|