Friday, November 1, 2019

Are you Evading Taxes

Tax Evasion in a Different Way: Chrisley Doesn't Know Best, in Houston, TX and throughout Harris County

 
BY 
Education & Training with The Houston Tax Relief Lawyer
  

The focus of my practice  is civil and criminall taxpayer representation, and see many taxpayers who are actually committing tax evasion without knowing about it. I am choosing to tell the story of the Chrisleys, TV reality stars, because many people are doing what they did without realizing they are committing  tax evasion.

The Chrisleys owe the IRS a lot of money.
Federal Prosecutors allege that Chrisley and his accountant have conspired to hide income and assets from the IRS so that the IRS cannot levy these assets and garnish this income. They created a company called 7Cs Production. They have opened bank accounts in the name of 7Cs and have directed third parties to pay 7Cs their income. All the while they while they have concealed their connection to 7Cs even though they have access to the bank accounts. This is a form of tax evasion. The evasion of payment of taxes. I see people that open bank accounts in other people's name and social security numbers but have signature authority over the bank account. They do this to prevent the IRS from levying on their bank accounts. Not only are they committing a federal tax crime but they are putting their friend or relative at risk of being charged with a federal tax crime for conspiracy to commit tax evasion and for aiding and abetting tax evasion. They do this with not only bank accounts but also with real estate and vehicles and boats. 

I have seen taxpayer's use their child's name and social security number with employers to avoid wage garnishments by the IRS. It is against the law to put your income or assets beyond the reach of the government. There is a fine line that people cross. For instance there is nothing illegal about having a foreign bank account as long as you report it correctly on the appropriate IRS form. However people will open foreign bank accounts to shield them from IRS bank levies and then fail to report the account to the IRS. Business taxpayers will start doing business in cash so the IRS can't levy on their bank account or. they will use someone else's social security number so the IRS can't garnish their wages or income. There is no law against doing business in cash but there is a law against doing business in cash to avoid IRS collection efforts. This is why revenue Officers want to visit your home and place of work or business. They want to gather information about where you bank, How you pay your bills. Where you work and who your customers are. If they think you are trying to evade paying the IRS they will refer you to IRS criminal investigators and you could very well get a visit from armed, IRS Special Agents.

Be very careful if your CPA or banker or broker advises you to take any of these actions or any similar action. They will not hesitate to deny their involvement and throw you under the bus.

If you have any questions about IRS resolving Unpaid Taxes with the IRS or other IRS tax issues in Houston, Texas or elsewhere please feel free to contact me at (832) 699-1070 or by email at Charles.Zagara@gmail.com
Charles Zagara 
9950 Westpark Drive, Suite 430
Houston, TX 77063 
Ph. (832) 699-1070

Houston, TX • Fort Bend County, TX • Harris County, TX

Thursday, October 31, 2019

Checkout Youtube video of OMG IRS filed a Tax Lien: What Now?

   
BY 
Education & Training with The Houston Tax Relief Lawyer
    

The focus of my practice  is civil and criminal taxpayer representation, and see many taxpayers who find out about a tax debt that truly belongs to their spouse (or former spouse) in Houston, Texas. There are a few basics you need to understand about IRS federal tax liabilities and innocent spouse claims.
Check out this video on IRS Tax Liens, the basics.
If you have any questions about Tax Liens or other IRS tax issues in Houston, Texas or elsewhere please feel free to contact me at (832) 699-1070 or by email at Charles.Zagara@gmail.com
Charles Zagara 
9950 Westpark Drive, Suite 430
Houston, TX 77063 
Ph. (832) 699-1070


Checkout Youtube video of Marriage and Taxes: Innocent Spouse in Houston, TX and throughout Harris County

  
BY 
Education & Training with The Houston Tax Relief Lawyer
   

The focus of my practice  is civil and criminal taxpayer representation, and see many taxpayers who find out about a tax debt that truly belongs to their spouse (or former spouse) in Houston, Texas. There are a few basics you need to understand about IRS federal tax liabilities and innocent spouse claims.
If you have any questions about IRS Innocent Spouse cases or other IRS tax issues in Houston, Texas or elsewhere please feel free to contact me at (832) 699-1070 or by email at Charles.Zagara@gmail.com
Charles Zagara 
9950 Westpark Drive, Suite 430
Houston, TX 77063 
Ph. (832) 699-1070

Hey wait a Minute, I didn't file a joint tax return, in Houston, TX and throughout Harris County

  
BY 
Education & Training with The Houston Tax Relief Lawyer
   

The focus of my practice  is civil and criminal taxpayer representation, and I see many taxpayers who find out about a tax debt that truly belongs to their spouse (or former spouse) in Houston, Texas. There are a few basics you need to understand about IRS federal tax liabilities and innocent spouse claims.
In Order to to Qualify for Innocent Spouse with the IRS you must actually have filed a Joint Income Tax Return.
In a previous blog(YouTube video on Marriage and Taxes) I set forth the basic requirements for Innocent Spouse Relief. The first requirement is that there actually be a joint return filed.
It is just logical that there actually needs to be joint and several liability before the IRS can grant you relief from joint and several liability. In legal terms that is what Innocent Spouse Relief is-- Relief from joint and several liability.
This means on a joint tax return both spouses are each liable for the whole amount of tax.and you are asking the IRS to relieve you of that burden.

Many times I hear from a spouse that they did not agree to file a joint return.So the first issue that must be resolved is whether or not a joint return was filed. There is a concept applied by both the IRS and the courts called tacit consent. In other words they will look to see if you gave implied consent to file a joint tax return based an a variety of factors.

There are times that a valid joint tax return was not filed because the taxpayers did not met the definition of being married according to the tax code.

Often times before pursuing innocent spouse relief, it may be worthwhile for the "innocent spouse" to file a return either as married filing separate or as single.(as the case may be).  This could be a quicker, less expensive alternative than pursuing Innocent Spouse Relief. Innocent Spouse Relief. Innocent Spouse Relief  is one of the most litigated issues in U.S. Tax Court. If this is not possible or feasible then you will need to undue the filing of a joint return through the innocent Spouse Procedures.  

There are 3 different provisions for innocent spouse relief. I will cover them in upcoming blogs.Most taxpayers realize that there are tax savings when filing a joint tax return with their spouse.
In a nutshell A few basics you should understand:

  • The IRS is not bound by a written agreement the couple entered into, as statute creates joint and several liability for both spouses.  The spouse who was not supposed to be responsible pursuant to the court agreement can sue the former spouse, but it will not prevent the IRS from pursuing them.
  • The outcome will be determined by how much the former spouse knew about the tax liability.

The spouse (or former spouse) who wishes to seek innocent spouse relief from the IRS will need to show that the issue with the return was the responsibility of their spouse and they did not know or had reason to know about the understatement of liability.   We represent many taxpayers seeking Innocent Spouse treatment, including taking those cases to IRS Appeals and United States Tax Court.

The best approach is to simply consider these issues BEFORE you file the returns with the IRS.

If you have any questions about IRS Innocent Spouse cases or other IRS tax issues in Houston, Texas or elsewhere please feel free to contact me at (832) 699-1070 or by email at Charles.Zagara@gmail.com
9950 Westpark Drive, Suite 430
Houston, TX 77063 
Ph. (832) 699-1070

Tuesday, October 8, 2019

Avoiding an IRS Tax Levy in Houston, TX


Avoiding an IRS Tax Levy in Houston, TX 
BY Charles Zagara
Education & Training with the Houston Tax Relief Lawyer
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September 6, 2019 11:32 AM

The main focus of my practice is civil and criminal taxpayer representation.  Many taxpayers who come to see me in Houston, TX  are generally frightened of having their bank accounts or wages levied by the IRS.  Inevitably the discussion turns to what can we do to avoid a levy by the IRS?
The answer is easier than you think, though often what people do not want to do.
Here are the three steps to avoid an IRS Tax Levy:
1. File any missing tax returns for the last 6 years;
2. Make your current tax payments;
3. Talk to the IRS

Missing Tax Returns and Current Tax Payments
 In order to work out a deal with the IRS, any deal, a taxpayer is required to be in tax compliance, which means the taxpayer has filed the last 6 years of tax returns and are making their current tax payments.  The reason for this is that it does not make any sense for the IRS to agree to get into a payment arrangement or accept an offer-in-compromise with the Taxpayer if the taxpayer is just going to default when they file their current return and owe money.   So the very first step is to get into tax compliance.
Talk to the IRS
You need to speak to the IRS (or at least someone needs to do it for you).  The IRS needs to know that you want to resolve this and that you will work with them.  Critical to that is to pick up the phone and call the IRS, let them know you are filing any missing returns, will get your current tax payments in, and will be submitting a proposal to resolve the tax debt.  In doing so you can avoid having it (the IRS) take enforced collection action against you and/or your assets (meaning tax levies).
If you or someone you know is having an IRS issue, please feel free to contact me at either (832) 699-1070, or by email at Charles Zagara 

Houston Tax Relief Lawyer
9950 Westpark Drive Suite 450
Houston, TX 77063

Who is an Innocent Spouse, in Houston, TX and throughout Harris County

 
BY 
Education & Training with The Houston Tax Relief Lawyer
  

The focus of my practice  is civil and criminal taxpayer representation, and see many taxpayers who find out about a tax debt that truly belongs to their spouse (or former spouse) in Houston, Texas. There are a few basics you need to understand about IRS federal tax liabilities and innocent spouse claims.
In Order to to Qualify for Innocent Spouse with the IRS you must actually be an Innocent Spouse.
This means  
1) You must have filed a joint return
2) The unpaid liability is attributed to erroneous items of your spouse
3) You did not know of or had no reason to know of the erroneous item or underpayment

In other words if your spouse tells you he is under reporting his business income and you agree to the joint return, you are not innocent.  If your income is under reported, you are not innocent.  If you know the return showed a balance due and you know payment wasn't made you MIGHT be an innocent spouse. If payments were misreported and you aren't aware of it, you might be an innocent spouse.

The divorce decree cannot make you an innocent spouse in the eyes of the IRS but it could help.

Economic Hardship can help make you an Innocent Spouse.

Completing form 8857 accurately, to your best advantage and supplying the correct documentation is very important. The IRS does not like granting innocent spouse relief 

There are 3 different provisions for innocent spouse relief. I will cover them in upcoming blogs.Most taxpayers realize that there are tax savings when filing a joint tax return with their spouse.
In a nutshell A few basics you should understand:

  • The IRS is not bound by a written agreement the couple entered into, as statute creates joint and several liability for both spouses.  The spouse who was not supposed to be responsible pursuant to the court agreement can sue the former spouse, but it will not prevent the IRS from pursuing them.
  • The outcome will be determined by how much the former spouse knew about the tax liability.

The spouse (or former spouse) who wishes to seek innocent spouse relief from the IRS will need to show that the issue with the return was the responsibility of their spouse and they did not know or had reason to know about the understatement of liability.   We represent many taxpayers seeking Innocent Spouse treatment, including Appeals and United States Tax Court.

The best approach is to simply consider these issues BEFORE you file the returns with the IRS.

If you have any questions about IRS Innocent Spouse cases or other IRS tax issues in Houston, Texas or elsewhere please feel free to contact me at (832) 699-1070 or by email at Charles.Zagara@gmail.com
Charles Zagara 
9950 Westpark Drive, Suite 430
Houston, TX 77063 
Ph. (832) 699-1070

Monday, October 7, 2019




Innocent Spouse, Joint Liability & the IRS in Houston, TX and throughout Harris County

BY 
Education & Training with The Houston Tax Relief Lawyer
 

The focus of my practice  is civil and criminal taxpayer representation, and see many taxpayers who find out about a tax debt that truly belongs to their spouse (or former spouse) in Houston, Texas. There are a few basics you need to understand about IRS federal tax liabilities and innocent spouse claims.

Do Not Just File Joint Returns with your Soon-to-be Ex

Most taxpayers realize that there are tax savings when filing a joint tax return with their spouse.  However, in signing a joint return with their spouse they are accepting responsibility for any liability that flows from that return, both on the return and any additional assessment made later, such as from an IRS audit.

Unfortunately most family law attorneys do not think about the potential tax issues when negotiating an agreement with the other side in a divorce.  It is simply a race to file any missing tax returns with a paragraph in the divorce agreement that states the spouse (usually the husband) ages to be liable for any tax liability.

Later on, when the tax either goes unpaid or there is an IRS exam that creates an additional tax liability, we receive calls from the frantic “innocent spouse” about why the IRS is pursuing them?  Can’t the IRS read their agreement and see they are not responsible for this?  

A few basics you should understand:

  • The IRS is not bound by a written agreement the couple entered into, as statute creates joint and several liability for both spouses.  The spouse who was not supposed to be responsible pursuant to the court agreement can sue the former spouse, but it will not prevent the IRS from pursuing them.
  • The outcome will be determined by how much the former spouse knew about the tax liability.

The spouse (or former spouse) who wishes to seek innocent spouse relief from the IRS will need to show that the issue with the return was the responsibility of their spouse and they did not know or had reason to know about the understatement of liability.   We represent many taxpayers seeking Innocent Spouse treatment, including Appeals and United States Tax Court.

The best approach is to simply consider these issues BEFORE you file the returns with the IRS.

If you have any questions about IRS Innocent Spouse cases or other IRS tax issues in Houston, Texas or elsewhere please feel free to contact me at (832) 699-1070 or by email at Charles.Zagara@gmail.com
Charles Zagara 
9950 Westpark Drive, Suite 430
Houston, TX 77063 
Ph. (832) 699-1070

Houston, TX • Fort Bend County, TX • Harris County, TX

Are you Evading Taxes

Tax Evasion in a Different Way: Chrisley Doesn't Know Best, in Houston, TX and throughout Harris County   BY  CHARLES ZAGARA Educ...