Message Font: Serif | Sans-Serif
No. of Recommendations: 0
I say "AMEN" to Chris Riser. Get a tax attorney!!

I do not have an Internal Revenue Code with me, but your tax attorney will inform you of:

"Willful failure to file an income tax return" is a Criminal offense. One of the jobs the Special Agent of the Criminal Investigation Division (CID) of the Internal Revenue Service is to develop willful failure to file cases for prosecution. The job of a your criminal tax attorney is to defend you. To keep you out of jail. Your attorney will want to be able to demonstrate that: even though you failed to file the income tax return, it was not willful. There were extenuating circumstances--you were hospitalized, etc. Further,that aside from your failure to file income tax returns, you have complied with all the other internal revenue laws. Your attorney will probably interview you throughly. If you are not in compliance with all laws of the IRS, your attorney will decide what to do. (I recognize the author of the original inquiry is writing this discussion board for a friend. However, I am writing as though I was talking to your friend.)

Recommendation: Since only a attorney or a priest has "privilege" (that is, they do not have to tell), stop talking to anybody until and unless you have been directed by your criminal tax attorney. More importantly, if anyone contacts you and says they are from the IRS, you request and closely examine their identification. If their identification contains a badge (like Jack Webb on Dragnet),take their name and telephone number and advise the visitor immediately that your attorney will contact them. Then immediately call your tax attorney with the information and seek the attorney's advice as to what to do.

Fortunately, the Department of Justice only takes the best cases for trial. Because of the Department of Justice policy, many late filed returns are accepted with the explanation for late filing attached.

I hope your friend takes Chris's counsel. (If you choose to seek out a tax attorney whose practice includes defending persons who fail to file tax returns, you may have to go to a big city near you).

I should also mention that you will still be charged late filing penalties, interest, etc., on your late filed income tax return.

Good Luck,

Print the post  


In accordance with IRS Circular 230, you cannot use the contents of any post on The Motley Fool's message boards to avoid tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions.
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and Glassdoor #1 Company to Work For 2015! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.