Legal Question in Tax Law in California
Husband Incarcerated for 16 months for Tax Evasion yet someone else has been usi
Hello,
My husband was just released from Prison after spending 16 months in Jail for Tax evasion and civil matters which relate to a Business he did not own. I know this doesn't sound right, but this is the truth and we desperately need help!
As soon as my husband was released, he physically went to the Tax Board to request info Re: the money and proof that he owes @ $ 84,000.00 for years 2001-2002. How this can be since he wasn't the owner of the Company and he had no access to the Business Account is beyond our comprehension. At that time, a Tax Board Rep said his Social belongs to another person and there is no info that reflects my husband owing even a cent. He's also contacted the IRS. They too, have no info and see nothing that indicates criminal activity. Again, my husband was told his name does not match the social. How is this legal to do to somebody? How can he be jailed for 16 months with no proof?
I am asking for help or direction from someone out there that has a heart and can help us to keep our beautiful Family together, as we are scared. Every minute we worry if the Police and Tax Board will come back again with guns to my husbands head in front of our 4 kids.
Please help!
Sincerely,
Valerie
2 Answers from Attorneys
Re: Husband Incarcerated for 16 months for Tax Evasion yet someone else has been
Actually, in a criminal case, the State is REQUIRED to disclose ALL EVIDENCE to the Defendant and its counsel. Contact your husband's criminal defense attorney and request a copy of his file.
Based on this information, you should have better direction in how to approach the IRS.
If there is a balance owed, then, as co-counsel pointed out, the amount and payment terms are always negotiable.
If your husband was wrongfully jailed, then you may want to explore your legal options in that respect.
Please feel free to contact me to discuss this matter further at 626-578-0708, extension 4. We are estate and tax planning attorneys, so we may have a unique view on the situation.
You can learn more about our firm at www.No-Probate.com.
Regards,
Scott
Re: Husband Incarcerated for 16 months for Tax Evasion yet someone else has been
It sounds like you have run across a very peculiar set of circumstances.
I see two general angles for gathering information: the first is to look at the material which was (or should have been) provided during discovery in the criminal case. Typically, the prosecutors show the defense attorney what sort of information they have been able to produce. This may help you learn about the business apparently linked to your husband.
The second approach is to request income transcripts and return transcripts from IRS and Franchise Tax Board.
If there are balances still owed, you might want to consider making an Offer in Compromise - either on the grounds of doubt as to liability, or on the grounds that you will be unable to pay off the amounts owed within a reasonable period of time.
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