legal blackmail?
My wife was a bookkeeper, for a compnay for three years. she left the company in november 2001. since then she has been contacted by the owner, because she did not pay the sales tax for the company, in 2001. the owner was made aware of this during the course of the year, and told my wife he would take care of it. the reason she was not paying the taxes was because the money was not in the account. once she left the company, the owner conviently forgot there conversations, about him, taking care of the taxes. she assumed the accountant was handling it .she has no proof of anything, it is his word against hers. he wants my wife to pay $55,000, in back taxes and fees, and he will pay the addition, $33,000. we spoke to one lawyer he suggested we pay. If we go to court and lose she could be found neglegent and go to jail(she has no past record). a detective has been in touch with us. if we pay the owner will drop the charges. what do you think?
2 Answers from Attorneys
Re: legal blackmail?
Depending upon the type of taxes involved, there could be liability to the IRS for 100% of the tax. However, this only happens if the company cannot pay the tax, and you do not say that indeed the company is unable to pay. Further, I cannot see how tax returns could have been filed without discovering the non-payment. And I do not see a basis for your wife's personal liability to the company.
Hire a real tax lawyer. I'm not willing to second-guess the legal advice that you say that you have received, but you do need to make sure that you hire the right kind of lawyer for your problem.
Best wishes,
LDWG
Re: legal blackmail?
Based on your information, your wife is not liable for negligence or any criminal acts relating to the failure to pay taxes. Sales taxes are a state matter and the responsibity of the business owner. Unless your wife was an owner, officer, major stockholder, or director, she has no such responsibility. You are advised to consult with a criminal tax attorney; it appears the business owner is attempting to intimidate your wife into paying his obligation.
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