Legal Question in Tax Law in Ohio

Statue of Limintations

On january 27 2002, i received notice by certified mail from the irs that back taxes were owed amounting in more than $33,000. when including penalties and interest. This was the first notification I had received. The tax years were 1994,1995, and 1996 do

I have any protection by the statue of limitations?


Asked on 2/01/02, 10:08 am

1 Answer from Attorneys
WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: Statue of Limintations

The IRS has 10 years from date of assessment to collect back taxes. The original assessment is when you file the return or its due date whichever is later. The statute of limitations to assess tax is 3 years from the file date or due date whichever is later. For instance, if the 1994 year was filed on time that would have been 4/15/95. The assessment must have been made by 4/15/98. It's done by mailing to the last known address. There is an exception however. If there is a misstatement of more than 25% of gross income then the statute is 6 years. You would have to give more information than you have to correctly give you an definitive answer.

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Answered on 2/01/02, 4:52 pm


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