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The Internal Revenue Service (“IRS”) can seek to collect on the taxpayer’s liability, from the property, of a third (3rd) party, when the third (3rd) party is holding the taxpayer’s property as a nominee. The nominee theory is based on the premise that the taxpayer ultimately retains the benefit, use, or control over property that was allegedly transferred to the…
When spouses file a joint tax return, each spouse is responsible for the entire tax liability. This is referred to as joint and several liability. Joint and several liability survives the divorce of the spouses even if the corresponding Divorce Decree states that one (1) of the spouses is solely responsible for any particular tax liability. Innocent Spouse Relief is…
If a Notice of Deficiency (“NOD”) has been issued and a Protest has been filed by the taxpayer, then the amount, of the tax deficiency, shall be deemed assessed, upon the date, when the decision, of the Illinois Department of Revenue, becomes final. Sixty (60) days after the date of the NOD, if the taxpayer has not filed a Protest,…
As soon as practicable after a lawful assessment, the Illinois Department of Revenue (“IL-DOR”) shall issue a Notice and Demand for Payment (“N&DFP”), to the taxpayer, for any unpaid portion, of the assessment. The N&DFP shall be left at the dwelling or usual place of business, of the taxpayer, or shall be sent by mail, to the taxpayer’s, last known…
When spouses file a joint tax return, each spouse is responsible for the entire tax liability. This is referred to as joint and several liability. Joint and several liability survives the divorce of the spouses even if the corresponding Divorce Decree states that one (1) of the spouses is solely responsible for any particular tax liability. Separation of Liability Relief…
Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes. If it is a joint tax liability and the secondary taxpayer is deceased, then pursue tax collection from the primary taxpayer. If it is a joint tax liability and the primary taxpayer is deceased,…
If the liable taxpayer, after Notice and Demand for Payment, neglects or refuses to pay, then the balance due (tax, penalties, interest, costs) shall be a Lien, in favor of the State of Illinois, and shall attach to all property and rights to property, belonging to the taxpayer, whether real or personal. Unless another date is specifically fixed by law,…
When spouses file a joint tax return, each spouse is responsible for the entire tax liability. This is referred to as joint and several liability. Joint and several liability survives the divorce of the spouses even if the corresponding Divorce Decree states that one (1) of the spouses is solely responsible for any particular tax liability. Equitable Relief is applicable…
The Internal Revenue Service (“IRS”) has the authority to accept less than full payment and compromise the taxpayer’s tax liabilities. This authority is significant because the IRS, like any business, has accounts receivable that cannot be collected in full or are disputed. The IRS recognizes that, in such instances, it is an acceptable practice to compromise the tax liability. The…
If the taxpayer has delinquent Indiana taxes, then the Indiana Department of Revenue (“IN-DOR”) shall issue a Demand for Payment (“AR-40”). The taxpayer has twenty (20) days, from the date, of the AR-40, to full pay the delinquent taxes or to show reasonable cause for not paying. If, after the twenty (20) day time period, the taxpayer fails to pay…