Legal Question in Tax Law in California

Corporate secretary

I amCorporate Secretaryof a construction company. At this time the company is behind in Payroll taxes. I have no shares or dollar interest in the company, I only hold title of corp. secretary so that I can sign contacts and checks in the event the owner is not around. The IRS is holding me personally responsible for the penalties on the back taxes that has accured since 2006. Can The IRS legally hold me responsible for 1/2 of what

the corporation owes? The IRS served me and the owner personally for the money.

Need advise fast, Please!

Thank you.

CONNIE


Asked on 3/07/08, 1:34 pm

2 Answers from Attorneys
Jeb Burton The Burton Law Firm

Re: Corporate secretary

My advice is to retain counsel IMMEDIATELY. You were an officer of the Corporation, the IRS is going to attempt to claim that your position as officer holds you accountable for the mis-management (if you owe back payroll taxes then their almost had to be mis-management). Depending on the situation, they could have a decent claim. I would once again, strongly encourage you to seek local counsel who is farmiliar with defending individuals from IRS claims, it would be best if you find someone that is farmiliar with White Collar Crime defense as well, since it is likely that if the IRS is successful with such claims that a State regulatory agency will also get involved.

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Answered on 3/07/08, 1:41 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Corporate secretary

Since you have been served you need to consult with an Attorney ASAP. You will need to provide much more info to determine your level of liability if any.

Feel free to contact my office if we can help

Good Luck!

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 3/07/08, 1:44 pm


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