Discussion:IRS Collections

From TaxAlmanac, A Free Online Resource for Tax Professionals
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.

From TaxAlmanac

(Difference between revisions)
Jump to: navigation, search
Revision as of 15:13, 5 October 2009
Death&Taxes (Talk | contribs)
(She notes the mo)
← Previous diff
Revision as of 15:18, 5 October 2009
Irsfixer (Talk | contribs)
(The questioner m)
Next diff →
Line 14: Line 14:
{{ForumReplyPost|UserID=Death&Taxes|Date=5 October 2009|Text=She notes the money is not due 'for treasury funds' which I take to mean withholding tax. The question in my mind is whether IRS would have recourse to say the dividends should not have been paid.}} {{ForumReplyPost|UserID=Death&Taxes|Date=5 October 2009|Text=She notes the money is not due 'for treasury funds' which I take to mean withholding tax. The question in my mind is whether IRS would have recourse to say the dividends should not have been paid.}}
 +
 +{{ForumReplyPost|UserID=Irsfixer|Date=5 October 2009|Text=The questioner made it somewhat clear he was not talking about employment taxes.}}

Revision as of 15:18, 5 October 2009

Discussion Forum Index --> Advanced Tax Questions --> IRS Collections
Discussion Forum Index --> Tax Questions --> IRS Collections

Littlelulu (talk|edits) said:

28 September 2009
Could someone please confirm if the IRS cannot go after the officer/shareholder of a C Corp for taxes (not treasury funds) assessed as a result of an audit? The corp was dissolved prior to the beginning of the audit. I read in the IRS manual where the RO can code the account CNC, but want to know if legally, can they collect the tax from the shareholder.

Also, as a result of the audit, there will be taxes assessed against them personally. Couple is also 100% shareholder of S Corp. If they do not have the $ to pay taxes, am I correct in my thinking that the IRS can go after their interest in the S Corp?

Thank you for your help

Mscash (talk|edits) said:

28 September 2009
If anyone, officer/shareholder/other got assets of the disolved corporation, IRS could pursue them for a transferee assessment under IRC 6901. Their ability to pay is legally irrelevant but should be mentioned if the issue comes up.

Littlelulu (talk|edits) said:

28 September 2009
The corporation did not have any hard assets. The only asset they received was cash in the way of wages and dividends.

Mikex2e7n5 (talk|edits) said:

5 October 2009
If it is employment taxes withheld from the employees, then they can be held liable under 6672, the Trust Fund Recovery Pentalty.

Death&Taxes (talk|edits) said:

5 October 2009
She notes the money is not due 'for treasury funds' which I take to mean withholding tax. The question in my mind is whether IRS would have recourse to say the dividends should not have been paid.

Irsfixer (talk|edits) said:

5 October 2009
The questioner made it somewhat clear he was not talking about employment taxes.