Legal Question in Tax Law in Illinois

Internal Revenue Service

I am the owner of a staffing comp. in Chicago. I am about to lose my corporation and home to the IRS. I have hired a tax attorney to assist in resolving this issue (which I cannot afford), but the IRS will not budge. The IRS blatantly said ''they plan to shut us down'' if we don't come up with a large amount down & $1500.00 mthly. I find this very difficult to swallow, knowingly there are other companies in Chicago that have a worse scenario than me. I am current with my taxes for 2005. I have financially exhausted all my resources and desparately want to stay in business. Besides, all I do for a living is put people to work. Please help!!

Sincerely,

--name removed--L.--name removed--

President/Owner

Chicago Staffing Specialists


Asked on 9/14/05, 2:27 pm

2 Answers from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Internal Revenue Service

Sounds like unpaid payroll taxes to me. If so, you will not get a sympathetic ear from the IRS (probably won't anyway). If you don't take their deal, which I assume is your tax lawyer's advice, they will shut your business down, liquidate it, and come after you personally for the trust fund portion of the tax.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 9/14/05, 3:46 pm
Mark Banks-Golub Attorney at Law

Re: Internal Revenue Service

It's very difficult to answer your question without more information. Also, I hesitate to second-guess another attorney. However, let me ask a few questions?

Have you requested a collection due process hearing? If you can show an actual hardship, and you are able to offer an alternative to the IRS's demand, you may be able to persuade an independent appeals officer to accept an installment plan with lower payments.

Have you considered an offer in compromise based upon the efficient collection of tax? If shutting your company down will put a large number of people out of work, then it may be that you can work out a more favorable compromise.

Finally, is the amount the IRS is asking for money you REALLY can not afford, or would it merely represent the need to change your current lifestyle? If you can borrow against your home and business, and you can make the requested monthly payments and still keep food on the table and a roof over your head, then you are not likely to get a mroe favorable response from the above alternatives. The IRS generally won't evict people from their homes and they won't take food from the mouths of your children. On the other hand, they won't have much sympathy for a taxpayer who needs to cut back on their current lifestyle to pay taxes and interest owed to the government.

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Answered on 9/14/05, 4:15 pm


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