Legal Question in Tax Law in Missouri

my father in law owns a business that employs my wife. He had her process payroll checks, but never made it known that she was responsible for payroll taxes. The IRS currently is seeking those funds. What steps can I take to protect myself and property from them? Thanks for any help you can provide in this matter


Asked on 7/22/09, 10:46 pm

1 Answer from Attorneys

Dan Lively The Lively Law Group, PC

If your wife is a responsible party. That is, she was an officer of the business, signed the checks, was a signer on the bank account, or signed the payroll tax returns. She could be responsible for the taxes. To have this happen the IRS would have to assert a trust fund recovery penalty. To protect yourself, your wife's situation needs to be assessed by a competent tax professional to determine if she is even a responsible party first, and then whether she had the ability to direct funds of the company.

If she is determined to be responsible, then you must look at the company to see if they would have to indemnify her. You should retain a tax attorney to represent you in this matter.

This is not legal advice, which would take a complete review of your situation to render. I am not your attorney, unless and until, I am formally retained.

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Answered on 7/23/09, 12:12 pm


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