Looking back at the horrific events of that fateful Thursday morning February 18, Americans are divided over what to think of Joseph Stack, the angry man who flew his single engine Piper Cherokee airplane into the side of the 7 storey IRS building in Austin, Texas killing one man other than himself and injuring scores of others.  Some see him as a hero, others as a washed up coward and anything in between.

Stack’s daughter, Samantha Bell said on ABC’s ‘Good Morning, America’ while she viewed her father’s actions as ‘inappropriate’, she nevertheless thought of him as a hero because ‘now maybe people will listen’.  A survey of several Facebook groups Wednesday found many who looked at Stack with scorn or sympathy, some calling him a terrorist while others, a hero.  But what if Joseph Stack was a middle-Eastern man with a mustache and beard dressed in a robe and skullcap and prays to Allah five times a day and not a white Caucasian American citizen?  And what if his name was So-and-so Ben So-and-so?

Would more Americans consider him a terrorist then?

Are people now listening to the message of Al Qaeda because of what they did on September 11, 2001?  Are people now listening to the message of Timothy McVeigh the Oklahoma City bomber because of what he did on April 19, 1995?  Do Americans consider these people heroes?  Do heroes destroy the lives of innocent people while on a personal vendetta?

To some people, what Joseph Stack did was considered different from other acts of terrorism because he was a white Caucasian American and because his suicide note contained points they agreed with.  Even the media has largely avoided branding Stack a terrorist.  But Joseph Stack was a man who committed an act of terror.  And a terrorist is a person who commits acts of terror.  Just because Stack may not have been committing acts of terror as a lifestyle does not make him less a terrorist at the time of the act.

The fact is that Joseph Stack had an issue with the American government, in particular the IRS.  Likewise, the Al Qaeda terrorists did as well.  The dictionary’s definition of terrorism has always been the same regardless of what the issues are and who committed the act.  We should call a spade a spade.

Darrin T. Mish is a veteran, nationally recognized tax attorney who has focused on providing IRS help to taxpayers for over a decade. He regularly travels the country training other attorneys, CPAs and enrolled agents on how to handle their toughest cases with the IRS. He is highly ranked among the top attorneys in the country, with an AV rating from Martindale-Hubbell and a perfect 10 on Avvo.com. Martindale-Hubbell has also honored him with a listing in their Bar Register of Preeminent Lawyers. He is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. With clients on every continent but Antarctica, he has what it takes to solve your IRS problems no matter where you live in the world.  If you would like more information about his practice and how he can help you, please call his office at (813) 229-7100 or toll free at 1-888-GET-MISH.

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Hotel Sues Bogus IRS Officer

The Ignatio hotel in Novato has filed a breach of contract lawsuit against Sherry Lynn Vertoch, 64, for failing to pay $55,175.25 in various hotel charges comprising of room fees, pet charges and miscellaneous expenses over a two year stay.  The lawsuit was filed at the Marin Superior Court last Friday.  Vertoch faces a jail term of up to 3 years when sentencing is carried out April 20.  She pleaded guilty to the charge.

Vertoch has been staying at the Ignatio hotel for short spells over the past few years and had always settled her bills in cash.  But two years ago, she checked in and stayed at the hotel until recently without paying anything.  Every time the hotel pressed for payment, Vertoch claimed she was an IRS agent on an extended investigation in the area.  She allegedly told the hotel that she would forward their invoices to her employer, the IRS for payment to be made but in fact, she never worked for them.

Vertoch stayed in room 121 between Jan 21, 2008 and Jan 26, 2010.  The room rate was $79 per night.

Even if the hotel wins the judgment against Vertoch, it may not receive the payment it is owed.  However lawyers representing the hotel stated that the hotel wants to stake their claim on Vortech’s present and future assets.  The hotel would be able to seize whatever assets Vertoch has at present in order to receive restitution and if she does come into any money within the next 10 years, the hotel would be able to claim on that as well due to the judgment against her.

A case management conference has been scheduled for July 15 before Judge James Ritchie.

Good News for Maine Taxpayers from IRS

4,900 Maine taxpayers are owed more than $4.2 million in tax refunds by the IRS and they have until April 15 to claim their dues.  This debt dates back to 2006 when they did not file an income tax return.  To receive the refund, they have to file a tax return before the April deadline.

Some of these taxpayers did not file their return because their income was not high enough to warrant submitting a return while still having their salaries deducted for taxes or making quarterly estimated payments.  In such cases, the law stipulates that you have a 3 year period in order to submit your tax return and make your claim, otherwise the money will be sent to the US Treasury.

However, your 2006 refund may not be in the form of a check.  If you have not paid your subsequent years’ taxes, your refund will be used to offset your tax debts.  In addition, your refund may also be applied to unpaid child support payments or other federal debts like student loans.

Darrin T. Mish is a veteran, nationally recognized tax attorney who has focused on providing IRS help to taxpayers for over a decade. He regularly travels the country training other attorneys, CPAs and enrolled agents on how to handle their toughest cases with the IRS. He is highly ranked among the top attorneys in the country, with an AV rating from Martindale-Hubbell and a perfect 10 on Avvo.com. Martindale-Hubbell has also honored him with a listing in their Bar Register of Preeminent Lawyers. He is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. With clients on every continent but Antarctica, he has what it takes to solve your IRS problems no matter where you live in the world.  If you would like more information about his practice and how he can help you, please call his office at (813) 229-7100 or toll free at 1-888-GET-MISH.

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Guess who thinks the tax code is complex and does not prepare his own tax returns?  Doug Shulman, the IRS Commissioner!  In a recent interview, Shulman confessed that he engages a professional tax preparer to fill out his tax forms, adding that he has been using one for 10 years.

Shulman’s practice is typical of a whopping majority of American taxpayers, approximately 80% of which do not prepare their own taxes when it comes time to submit their tax forms.  This percentage comprises of 60% who engage tax preparers to do the work for them and another 20% who use specialized software instead.

This month, the IRS announced that it is set to enforce certain measures to foster greater competence and integrity in companies and individuals who provide tax preparation services.  New regulations are being prepared that would entail tax preparers needing to be registered with the IRS, pass competency examinations and be regularly tested thereafter in order to be certified to prepare tax returns.

This new measure has come in the wake of shocking discoveries by the authorities on the lax and unprofessional work by many tax preparers.  In separate investigations conducted by the Government Accountability Office and the US Treasury inspector general for Tax Administration (TIGTA), the conduct of a majority of tax preparers have been found seriously wanting.

For instance, when the Government Accountability Office investigated 19 tax preparers, they found that only 2 could produce correct tax liability and refund amounts in their tax returns.  The results of investigations by the TIGTA produced no better results.  Its auditors, posing as taxpayers seeking tax preparation services, discovered that 11 out of 16 tax preparers made errors in simple tax returns.  Both the Government Accountability Office and TIGTA’s investigations did not involve complex tax issues; rather all of them needed only straightforward and common calculations of things like mortgage deductions, self-employment taxes and education credits.

Worst of all, some tax preparers were willing to cheat on the tax returns they prepared, often without batting an eyelid.  Some willingly made more deductions than they should and one even made a deduction for a charitable contribution despite being clearly told that no such contribution was made.

Perhaps Shulman’s claim that the tax code is too complex might not be too far from the truth.

In any case, as a first step towards implementing the new control measures, the IRS is going to send letters to 10,000 tax preparers who are known to be errant in their tax submissions.  What will follow will be visits by undercover IRS agents posing as taxpayers ready to blow the whistle on tax preparation cheats.

Darrin T. Mish is a veteran, nationally recognized tax attorney who has focused on providing IRS help to taxpayers for over a decade. He regularly travels the country training other attorneys, CPAs and enrolled agents on how to handle their toughest cases with the IRS. He is highly ranked among the top attorneys in the country, with an AV rating from Martindale-Hubbell and a perfect 10 on Avvo.com. Martindale-Hubbell has also honored him with a listing in their Bar Register of Preeminent Lawyers. He is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. With clients on every continent but Antarctica, he has what it takes to solve your IRS problems no matter where you live in the world.  If you would like more information about his practice and how he can help you, please call his office at (813) 229-7100 or toll free at 1-888-GET-MISH.

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Americans in the state of Georgia can expect delays in receiving their tax refunds, especially for those who filed their tax returns via paper filings.  Those who filed their returns electronically, however, are unlikely to be affected.  Why the discrepancy?

It all stems from the economic slowdown in the country and the consequent budget cuts to state governments.  In the face of 13 consecutive months of declining tax revenues, the Georgian government has had to embark on stringent cost cutting measures, reducing its expenditure by about $8.4 million this year.  Among the measures taken to achieve this are compulsory no pay leave by civil servants.  Tax processors in the state government are not spared.  Together with all Georgian state civil servants, tax processors have to each take 3 additional days’ compulsory leave without salary by June 30th this year, which happens to be the end of the fiscal year for the state government.  Besides these measures, the state government has also had to lay off a number of staff workers.

This precipitated a lack of manpower in the state tax department that resulted in a huge backlog of tax refund cases, thus the delays for Georgians, some of whom have waited months.  More acutely affected are the taxpayers who made their tax filings through paper submissions as they are more difficult to evaluate and process.

On the other hand, the delay in issuing refunds results in additional costs to the Georgian government as they have to pay interest to every taxpayer who is issued his or her refund later than 90 days after the April 15 deadline for filing taxes.  A similar thing happened last year and the Georgian government had to fork out just over $2 million in interest payments to over 270,000 of its citizens who received their refunds late.

State revenue commissioner Bart Graham said that approximately 55% of Georgians filed their tax returns electronically last year and the remaining 45% did so through paper submissions.

To increase the percentage of taxpayers who make their tax returns electronically, the IRS has issued a regulation requiring all tax preparation firms submitting more than 10 returns per year to do so entirely through electronic means.  Due to that, the Georgian state government hopes that things would be better this year and the numbers of delayed tax refunds to substantially reduce.

However, you should not get your hopes up because Georgian Governor Sonny Purdue will be leaving office at the end of this year.  How this will affect the financial situation in Georgia will be anybody’s guess.

Darrin T. Mish is a veteran, nationally recognized tax attorney who has focused on providing IRS help to taxpayers for over a decade. He regularly travels the country training other attorneys, CPAs and enrolled agents on how to handle their toughest cases with the IRS. He is highly ranked among the top attorneys in the country, with an AV rating from Martindale-Hubbell and a perfect 10 on Avvo.com. Martindale-Hubbell has also honored him with a listing in their Bar Register of Preeminent Lawyers. He is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. With clients on every continent but Antarctica, he has what it takes to solve your IRS problems no matter where you live in the world. If you would like more information about his practice and how he can help you, please call his office at (813) 229-7100 or toll free at 1-888-GET-MISH.

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Do you know what CSED stands for?  Collection Statute Expiration Date.  And CSED means the time period by which the IRS must collect the taxes you owe.  Beyond this time limit, your tax debt is cancelled.  But before you jump for joy, you need to know that the CSED time limit is 10 years.  And furthermore, it can be extended.  Your CSED period can be extended due to several factors listed below.  If you are not sure if your CSED expired, you should consult a tax attorney who can help you sieve through your personal records of tax payments and other tax related matters.  Here are several situations where your CSED may be extended.

Essentially your CSED may be extended if you have made any applications for a reduction or cancellation of your tax debt.  For instance, if you have tried to declare bankruptcy, your CSED is extended by the time the bankruptcy proceedings go on.  If you have applied for any number of Offers in Compromise, that time cannot be figured into your ten years, either. An Offer in Compromise typically takes 1 year to be completed so your CSED is also extended by that length of time.  So quit trying to play cat and mouse with the IRS; they will begin to come at you with tougher and tougher sanctions as your CSED date draws closer. With bulldog tenacity, they will stop at nothing to collect the money that is theirs long before the deadline hits.

But this does not mean an Offer in Compromise is futile.  In fact, it has saved thousands of Americans millions of dollars in the past and it can save you, as well. But first, you need to show that your tax debt is beyond your capacity to repay.  If you succeed in doing so, then your CSED becomes immaterial.  If your Offer in Compromise comes through, the IRS will likely cut a deal with you so you can get away with paying significantly less. Secondly, if you can show that there was an error in the computation of your tax bill, you can have it reduced or even cancelled altogether.  One final option is to offer a lump sum payment that is less than what you owe. If the lump sum is not less than 80% of the total tax bill, it is not uncommon for the IRS to accept your proposal and waive the rest of your debt.

So you should consult a tax attorney who can advise you on which course of action is the most suitable for you.  If you succeed in reducing or eliminating your tax debt, you won't need to worry if your CSED expired or not.

Darrin T. Mish is a veteran, nationally recognized tax attorney who has focused on providing IRS help to taxpayers for over a decade. He regularly travels the country training other attorneys, CPAs and enrolled agents on how to handle their toughest cases with the IRS. He is highly ranked among the top attorneys in the country, with an AV rating from Martindale-Hubbell and a perfect 10 on Avvo.com. Martindale-Hubbell has also honored him with a listing in their Bar Register of Preeminent Lawyers. He is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. With clients on every continent but Antarctica, he has what it takes to solve your IRS problems no matter where you live in the world. If you would like more information about his practice and how he can help you, please call his office at (813) 229-7100 or toll free at 1-888-GET-MISH.

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