Payroll, Trust Fund Taxes – Owe, Settle, Appeal – Former IRS Agents

January 20, 2013
Written by: Fresh Start Tax

Mike Sullivan
Trust Fund Taxes – Owe, Settle, Appeal – Former IRS Agents 1-866-700-1040

Contact us today for free tax consultation and you will speak directly to Tax Attorneys, CPAs, or former IRS agents, managers and/or instructors.
We have over 206 years of professional tax experience in over 60 years working directly with the Internal Revenue Service and the local, district, and regional office of the IRS.
We have worked hundreds upon hundreds of trust fund cases both as former employees of the IRS, and private practice and with one of the highest-rated tax resolution firm’s, Fresh Start Tax LLC
Because our of our vast experience with the Internal Revenue Service we know all the tax codes, tax policies,  and tax settlement procedures to go ahead and get you the results on your particular case.
Free Assessments
When you contact us, we will review the facts of your case and give you a free assessment regarding the outcome of your case.
Fresh Start Program
Under the new fresh start program IRS is now accepting offers in compromise that never before would’ve gone through their settlement program. As a general rule because of the new formulas instituted by Internal Revenue Service with this  new fresh start program taxpayers are saving up to 75% more than they have done in the past.
Under the current Fresh Start initiative the IRS has incorporated its Streamlined Offer in Compromise process into the overall investigation of offers and has added flexibility to the financial analysis used in evaluating offers.
The Streamlined Offer in Compromise process includes:
a. Fewer requests for additional financial information,
b. If necessary, requests for additional information by phone, not by mail
c. Greater flexibility when considering your ability to pay
The changes to financial analysis add more flexibility to the OIC process including:
1. Greater flexibility in determining the equity in assets,
2.Greater flexibility in determining the allowable living expenses,
3. Reducing the amount of future income included in the offer,
4. Decreased time frame to complete the OIC payment process to two years.
To settle a trust fund case you will need to fill out form 433 OIC which you can find on our website and form 656. If you are questioning the tax assessment completely you will have to fill out tax forms 656-L
If the Internal Revenue Service  set up a tax assessment against you as being responsible officer under code section 6672 of the Internal Revenue Code, and you wish to file a claim or appeal on that assessment contact us today as we are true experts in the appellate area of trust fund taxes.
Former IRS Appeal Agent on staff.
On our staff is a former IRS appeals agent who started out as a revenue agent and for the next 25 years worked in the appeals function of Internal Revenue Service working hundreds and hundreds of trust fund penalty cases.
Current under Trust Fund Investigation
If you are under current investigation for a trust fund tax penalty IRS is going to be asking you to fill out form 4180 which you can find our website. As a former IRS agent I would caution you to be extremely careful in giving IRS any answers to form 4180 without professional tax advice.  there are certain trick questions on that form. If you going to proceed and fill that form out by yourself  my advice to you is this:
“If you are not sure of any answer any question is in your best interest to always write unknown.”
Most TFRP cases involve officers of corporations. However, a responsible person may be one or more of the following:
1. an officer or employee of a corporation
2. a member or employee of a partnership
3. a corporate director or shareholder
4. a related controlling corporation
5.  Payroll Service Provider (PSP)
How IRS determines who is responsible for the trust fund penalty.
1. Who directed or authorized payments of bills to creditors,
2. Who had the right to open and close bank accounts for the business,
3. Good guarantee or cosign loans for the business,
4. Who signed or could cosign checks,
5. Who authorized payroll, who is authorized to make federal tax deposits.
6. Who filled out payroll tax form 941,
7. Who prepared reviewed or signed or transmitted payroll tax returns to the IRS or to the accountant,
8. Who had the right to hire or fire employees,
9. Who made sure other bills were paid other than the IRS,
1o. If you were to ask the employees of the company who in fact ran the business who would they point to,
11. Who ran day-to-day operations of the business.
You will find most of these questions on form 4180 that every revenue officer is instructed to be in their file before any trust fund case is closed. you can call me today and I can give you much more insight into trust fund cases.
While this is not an all-encompassing list of who is responsible for the trust fund taxes of a company or corporation, this would give the revenue officer out the local office of a good idea to look.
Trust Fund Taxes – Owe, Settle, Appeal – Former IRS Agents

Filed Under: Owe Payroll Taxes

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