Legal Question in Tax Law in West Virginia

Taxes Owed

I tried to fill out my own taxes a few years back and made a $10,000.00 dollar mistake. I owe the IRS the money but I do not have it. I am the only provider in the family and we live paycheck to paycheck. In a good month of work I will bring home $3,200.00 and have to make a car payment and house payment from that. The IRS is adding penalties on the amount each day and I have no idea on how to make it go away. There is no way with the little amount of money I make that I can make the payments they are asking for and they are also keeping our federal refunds each year and I know that has come to at least $8,000.00 since they started keeping them. Is there anything I can do to make this go away. I know I am the one who made the stupid mistake and I did owe up to it with the IRS but I am at my wits end account of health bills that have been coming in on me for my daughter. What can I do?


Asked on 8/27/08, 9:41 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Taxes Owed

There are attorneys who negotiate with the IRS on behalf of taxpayers in your situation. Those of us who do that charge a chunk of change, but it is worth it since we can often get the IRS to back down. Again, you ideally need someone who is local to you, but if that fails feel free to contact me; we can do this by fax and phone (it's just a bit more difficult to get papers back and forth).

If that process fails, you might consider calling on your local bankruptcy attorney. IRS debt can be discharged in bankruptcy in some circumstances (whether those circumstances apply to you I cannot say, since I do not know your specifics). Bankruptcy MUST be filed by an attorney who is admitted to practice in the federal court that is geographically closest (or within the same state as) where you live. That's not me; I'm just in NY.

If you TRULY cannot afford a lawyer AND you meet their low-income guidelines (which you will only know by asking them), you can get good, low- or no-fee help from your state's pro bono civil legal help provider (similar to the public defender, but handles civil matters rather than criminal matters). In NY, we call them the Legal Aid Society; I don't know what they're called in WV, but you can call the bar association and find out.

Good luck; there IS light at the end of your tunnel; you just can't see it yet. Keep digging on and you'll get there.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 8/28/08, 9:42 am


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