Legal Question in Tax Law in New Jersey

business taxes from 1984

my husband keeps getting letters in the mail from attorney services about back taxes being owed, my question is it true anfter so many years that you do not have to pay them or if you do have to pay them is there away to make a deal?

the main problem is that he was not owner of the business nor was he running the place at that time he was actually in the hospital from a bad car accident. can we also dispute this if we can prove he was not there.it was a pizza place/ restaurant.


Asked on 8/09/04, 4:23 pm

2 Answers from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: business taxes from 1984

There is a 10 year statute of limitations unless an extension was given to the IRS or if there is a judgment. If you are contacted by the IRS, just get the person's name and telephone number and tell them your tax lawyer will get back to them.

I would be wary of any of the companies that solicit you. Many are not actually lawyers. I have more information on my website http://www.taxesq.com.

I hope this helps!

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Answered on 8/09/04, 10:49 pm
Burton Haynes Burton J. Haynes, P.C.

Re: business taxes from 1984

Your message raises an interesting group of questions, and a full response would take more room than we have here. But here's at least a little information:

1. You get the notices from the schlochmeisters hawking their services because the IRS has apparently filed one or more federal tax liens. They watch the lien filings and then send out solicitation materials hoping you will send them a retainer.

2. You mention a business, which suggests that what your husband owes is the "trust fund recovery penalty." You will find a full explanation of this penalty in my article on the subject in the "articles" section of my website at www.bjhaynes.com.

3. There is indeed a "statute of limitations" on collection. It is ten years from the date of assessment. But be careful -- the ten year period can be extended in many ways. Again, you will find an article on the statute of limitations in the articles section of my website.

I hope this is helpful to you.

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Answered on 8/09/04, 5:48 pm


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