right...a big ass law firm so you got all your bases covered. might as well go get a medical checkup too, its going to be stressful
Don't really know what I'm talking about but maybe you could sue the people, not the company. I'm sure the real owners are personally wealthy and they most likely did something illegal to get you into this situation in the first place. Just put as many names as you can think of into the lawsuit and get people to settle out of them
I'm not ruling out the plan to sue them. I'm collecting names of that company since it was just a small one. If I can get a a lawyer who is willing to pursue this with a reasonable fee, I'd really do it.
Before paying any fees to accountants, lawyers, or whatevers, I would call the IRS, talk to someone who knows something, and tell them that they were mistaken about you being an owner. Find out what they'd like to see to prove that, and provide it. If the IRS gives you trouble, or providing proof gets complicated, then get a tax lawyer. Just because the claim is big doesn't mean you should be stuck paying all this for legal help. I've met a person or two who worked for the IRS; they're not all bastards. Understanding that this thread may later be used in administrative or court hearings against you, can you explain if there is any reason why you could be construed as an owner? Were you an officer of the company? Did you have any profit-sharing arrangement? Stock? Anything?
I don't think so, I believe you can be an owner and an employee at the same time. From what I understand, owners can give himself a regular salary just like any other employees.
Well, there are actually law firms that ALL they do is deal with the IRS and issues like this. They have CPAs on staff for all the accounting questions and issues.
How can they use this when I didn't mention any company name? I was an underpaid employee. So profit-sharing, stock, an officer of the compnay? those are far from reality. The company has been cheating the IRS. If they got balls to do that, using my name or anybody's name is just a piece of cake. I already call IRS and they listened to my side and they're willing to give me 30 days extension to settle this out. I was hoping for them to look into the company since the company who implicated me is already in trouble with teh IRS. I requested a a document from them, the one that was given my my former company that states that I was a part-owner.
If they're not too lazy, they can run a credit check to see if I receive any amount other than a monthly salary. The company was a private company so no stock would be sold.
That was the point. No one can ignore the IRS. Why? Because they're the IRS. Personally, I would get an attorney.
I'm sure it won't come up. But, it would be funny to be in court a year from now and have the IRS lawyer throw a print-out of this thread on the overhead projector and say, "You claimed on July 27th, 2007, that..." Just wondering if this case is really cut-and-dry. Sounds like it is. Did they tell you what sort of proof would satisfy them that you are not liable for the company's taxes? Or did they want you (and your lawyer) to figure that out without them? I'm not sure how you go about proving that you're not something. I would think the onus would be on them to prove that you were and owner. But then, they are the IRS. This case reminds me of a lawsuit I sat on the jury for. A dispatcher for a trucking company started his own trucking company and took all the owner-operator truckers with him, essentially destroying his former employer's company. So they sued him, saying he had a fiduciary duty to preserve the company because he was an officer. They actually had made him a vice-president at some point (for reasons not clear) but they never told him that he was, nor paid him as though he were. But, they were trying to use that to say he was an officer. I guess the moral of that story is that you're probably going to need a lawyer.
My best advise would be to get a lawyer right NOW, there are many potential substantive/procedural/evidentiary issues that you just don't know about and you really need an attorney on your side before something bad happens.
IRS advised me to work with my previous company. I called the CEO f teh compnay and he is willing to provide a letter stating my involvement with the company which was limited to as an employee only. This maybe the sam e jerk who told IRS that I was a part-owner but I think this is the guy who can help me out if he really sends me thhat letter. The guy also told me to start mvoing my assets to my wife's name in case they freeze my account which is also funny because I only 800 in my checking account and 3grand of credit card bills. I'm not sure my wife would like the idea. His advise only proves that he really is a monkey, knows the tricks. I'm not going to spend a dollar for a lawyer for now. I don't even think IRS can prove that I collected over 500 grand of earning since I worked here in the US in 1999. Now, I know the company is dead financially, I can not sue the company but I think I can sue this CEO. There's a civil case aspect of this, like using my tax ID without my consent.
to my understanding, things are different with the IRS. you're guilty until YOU prove YOUR innocense.
