Former IRS Agents and Managers can walk you through the process of the trust fund taxes and provide your best possible tax defense to stop the assessment. Since 1982, Affordable
Generally, IRS Trust Fund Cases begin with an attempt to collect employment or excise taxes from the corporation which was initially responsible for the payment of such taxes. After the Revenue Officer reviews all relative documents, he or she takes a 4180 Interview.
There are 50 or so questions the IRS will ask you in connection with the corporation. All of these questions are asked to find out who is to be held responsible for the trust fund taxes. The IRS will try to set up assessment against everyone possible.
There are avenues to limit your exposure to this penalty and when you call us we will go over the various options. I should tell you now if you sign the checks and own the business the odds of any defense is almost impossible.
The Main questions the IRS will ask to determine who is responsible:
1. Which corporate officers authorized in accordance with State law to legally bind the corporation;
2. Which persons designated by resolution of its board of directors or any other similar governing body ran the business;
3. Which officer or employee of the corporation upon written request signed by any principal officer and attested to by the secretary or other officer was in control of the business; and
4. Which bonafide shareholder of record owning one percent or more of the outstanding stock of the corporation.
FACT: A responsible person for TFRP purposes may or may not be an officer authorized by the corporation in accordance with applicable state law to legally bind the corporation. Consequently, additional factors must be considered prior to releasing records, such as the actual practices within the corporation.
How not to be held responsible: Provide documents or affidavits for the following:
1. Prove you were not in control
2. Show who was in control
3. Show you had no authority
4. Show you had no decision making control
5. Get statements from other employees showing others were responsible
6. Show you were under the direction of other people
Make sure you are represented by a tax professional. If the IRS even thinks you might be responsible, hire us today.
As a Former IRS Agent, I set up hundreds of these assessments. Do not be foolish, get representation.
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Fresh Start Tax is one of the premier tax resolutions firms in the country.
We deal with all types of civil cases including individuals, businesses, corporate and defunct corporations.
We have staff that specializes in every facet of the Internal Revenue Service.
We know all the IRS strategies. Some of our many specialties include the following:
- Immediate Tax Representation
- Offers in Compromise/Settlements
- Back Tax Relief
- Bank Garnishments or Tax Levies
- Wages Garnishments or Levies
- IRS Notices of Intent to Levy or Final Notices
- IRS Tax Audits
- Hardships Cases, Payment Plans
- Innocent Spouse
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Trust Fund Penalty Cases/ 6672
