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    Question about part ownership in an LLC

    I have been fighting with the IRS for many years and have tax years 2005-2009 which they say I owe them $200k, half for penalties and interest. They (IRS) have already met with my partners along with my CPA and Company Attorney (behind my back) as it appears that they are going after my portion of the assets of the LLC, of which I can't get an estimated valuation for them at this time. I found out about this meeting in Feb 2016 from a FOIA that I had sent in to the IRS for.

    My most current years 2010-2014 are in US Tax Court in Washington DC now and I am awaiting a decision on those. Should I wait until the USTS renders a decision which should be any day before I decide if I am going to go Pro Per or hire an attorney. I really don't have funds for an attorney so may have to go the Pro Per avenue.

    I own no other assets nor liabilities and don't have any creditors except for the IRS, State of RI and State of MA tax divisions.

    #2
    I have to say that you need to find the money and hire an attorney. You want to make sure that you discharge the "dischargeasble" taxes (which should be just about everything before tax year 2012 unless you have Federal Tax Liens). This is why it's important that you get an attorney that knows what they are doing.

    Some taxes just can't be discharged, such as the so-called "trust fund" taxes. It also doesn't read as if you pursued other avenues such as the OIC route and/or hired a Tax Attorney to represent you before the Tax tribunal.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      There has been Notice of Federal Tax Liens filed for the TY's 2005-2009 in two towns in my state as well as the Registry of Deeds in a MA county. The later lien is holding up my sale of the portion of the LLC that I was considering using to paydown the lien but the company partners will not cooperate. If there is a lien or notice of lien filed by the IRS, is that dischargeable?

      Comment


        #4
        "Secure" tax debt is not dischargeable. You have a complex situation with an LLC and NFTLs filed in your situation. You will need competent legal assistance by a Massachusetts licensed attorney. I don't know what the affect of a non-consensual "tax" lien will be under Mass law but generally tax liens are non-dischargeable.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

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