Skip to main content

Prision Time if you Owe Back Taxes to the IRS?


Will the police or sheriff come knocking on my door if I owe back taxes to the IRS?  This is a question I am frequently asked by clients and potential clients who owe back taxes to the IRS and/or State Tax Collection Agencies.  Fortunately, just by owing taxes or failing to file your tax returns will not land you in jail (unless you are taken to court and found guilty of fraud or in contempt of court).

The theory behind jailing debtors was that the threat of incarceration might persuade them to reveal hidden assets.  Or their families might take pity and pay their ransom.  But if the debtor was truly penniless, he could be sentenced to what amounted to life in prison.  Unlike murders, rapists, and thieves, the debtors were also responsible for paying their own upkeep, thus putting them even further into debt...

The colonies gradually developed more forgiving laws on debt, recognizing that owing money could be the result of bad luck rather than evidence of fraud or indolence.  "crops fail, prices fall, ships sink, warehouses burn, owners die, partners steal, pirates pillage, wars ravage, and people simply make mistakes," wrote Bruce Mann in his 2002 book Republic of Debtors.  "Failure was the down side of entrepreneurial risk.  This made failure the potential common fate of all merchants."...

Colonial lawmakers began taking a more charitable view toward debtors, but they were likelier to excuse a rich defaulter than a poor one ...Indeed, when some large speculative financial schemes collapsed after the Revolutionary War, many wealthy men were suddenly bankrupt.  One of them, Robert Morris who had signed the Declaration of Independence and provided critical financing for the war, lost his fortune speculating on land.  Sentenced to debtors' prison in Philadelphia, Morris rented a best room in the jail and outfitted it with a settee, writing desks, and bed, an trunk of clothes and other comforts of home.

However lavishly they could outfit their prison cells, though, rich and poor faced the same dim future.  There was no way an insolvent could get a fresh start-the "holy grail of debt relief," as Mr. Mann put it.  In prison or out, debtors were expected to repay every penny they owned their creditors, even if it took them the rest of their lives...

Congress passed a bankruptcy law in 1800 but then repealed it three years later.  Not until 1831 did New York abolish prison for most debtors; Pennsylvania kept its debtors' prisons open until 1842.

If you have tax debt issues call me and I will work with you to resolve them!

Popular posts from this blog

Keys to a Successful Offer in Compromise | Nicholas Hartney, EA | Genesis Tax Consultants, LLC ©

Keys to Unlock a Successful Offer in Compromise © by Nicholas Hartney, EA © of Genesis Tax Consultants, LLC© *Updated Article 2018 Here Contact me: Nicholas Hartney Licensed to Represent Taxpayers Before the IRS  T he Offer in Compromise is an agreement between a taxpayer and the IRS that settles the taxpayer’s liability for some amount which is less than the full amount due. The IRS has the authority to settle or compromise federal tax liabilities by accepting less than full payment under certain circumstances. The taxpayer makes an Offer in Compromise on Form 656. If the IRS accepts the Offer in Compromise, then a contract is formed in which the IRS agrees to cancel the tax debt in return for the payment of the agreed sum. The IRS has a whole set of rules, policies and procedures which govern when it will accept an offer. Unfortunately, you just don’t offer to pay them 10, 25, or 50 cents on the dollar. They look at your offer, compare it to their guide

2010 IRS Nationwide Tax Forum San Diego Review

The 2010 IRS Nationwide Tax Forum was nicely set up and had some great presentation speakers.   Some of the highlights discussed from the forum: There were almost one million federal tax liens filed in 2009. The National Taxpayer Advocate's Office discovered that federal tax liens drop your credit score 100 points as soon as they are filed.  The investigation also found that the three major reporting credit agencies, Experian, Equifax, and Transunion, do not remove tax liens for years, if at all, even after the tax has been paid.  The Fair Credit Reporting Act allows the agencies to keep the lien on your credit report for up to 7 years after payment in full.  Regardless of this Act for some reason the investigation found that Equifax keeps liens on your report for up to 15 years, Experian keeps the liens on your report for 10 years, and TransUnion indefinently!  Federal Tax Lien filings went up 475% over the past 10 years. Bankruptcy on back taxes are dischargable in a bank

Preparing IRS Form 1045 Tentative Carryback Application or Carryback Claim Net Operation Loss (NOL)

Preparing Form 1045 to apply a tentative carry-back loss is ridiculously complicated for most people.  Even seasoned tax prepares have difficulties preparing this form.  If after you filed an amendment to your tax return (Form 1040X) and the IRS sends you a notice requesting that you now file Form 1045 you should consider calling someone for help!  I filed one of these forms back in June for a client of mine and just received notice that it was approved, lowering the taxpayer's liability down from $8492 to $2900. You may want to contact me on this . If you wanted to try to tackle the 1045 yourself here are the instructions: Department of the Treasury Internal Revenue Service 2010 Instructions for Form 1045 Application for Tentative Refund Section references are to the Internal Definitions connection with gambling, the racing Revenue Code unless otherwise noted. of animals, or the on-site viewing of Eligible loss. For an individual, an such racing, and the po