Legal Question in Tax Law in Oregon

non-filed fed tx returns

history-have not filed fed tx for 9 yrs. the last time filed, '98, return was used to pay student loan. 1099'd '01-'05, probably owe for '04-06, the rest of that time probably had a refund.

questions - can i gather all tax info and file for all years at the same time? is there a specific office that the late returns need to be sent to? what type of realistic penalties can I expect? can I handle this process myself? should i file current yr taxes prior to filing arrears, or will this illicit a knock on my door? thx very much.


Asked on 2/05/08, 3:50 pm

1 Answer from Attorneys

Marc Daffner Daffner & Associates, P.C.

Re: non-filed fed tx returns

This can definitely be a problem. However, you're in a decent position to take care of this issue as long as the IRS hasn't contacted you. Don't worry - they'll get around to it if you don't file (and that will mean BIG problems), but at this point, it appears that you may be able to be brought back into compliance without too much trouble.

You have until April 15 to file this year's return, so we'll let that go - for now. If you file it without filing the others, it will indeed set off some bells and whistles at the IRS and they'll come knocking, literally, probably with two agents (they like traveling in pairs). Then you have big-time trouble and the possiblity of even being indicted criminally for "willful failure to file."

This is a process that you can do yourself - however, it's also one that you will NOT want to do yourself unless you're an attorney, since the goal is to (1) bring you back into compliance; and (2) make every effort to avoid undue penalties and criminal prosecution.

Our firm has assisted many individuals in your position, and, in fact, we were recently honored as "SuperLawyers," meaning that we're in the top 5% of attorneys in the administrative law area. Although located in Pennsylvania, we can represent tax clients on a nationwide basis, and our fees are generally less than the numerous "tax resolution services" which are out there.

If you wish to discuss this matter further, please do not hesitate to contact us for a free, confidential consultation or visit us on the web at www.americastaxlawyers.com or www.daffnerlaw.com.

Thank you, and good luck.

-Marc D. Daffner, Esq.

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Answered on 2/06/08, 10:10 am


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