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FAQ

What is the federal statute of limitations on fraudulent tax returns? Even ifa criminal prosecution is barred, can the IRS still collect the monies owed?
“Can the IRS still collect monies owed” MaybeAs you mention a criminal prosecution is probably barred.Whenever we talk about fraudulent returns we must distinguish between criminaltax fraud offenses under IRC Sec 7201 and civil tax fraud offenses under IRCSec 6663. These offenses have different i burdens of proof ii penaltiesiii statutes of limitations and iv prdifferent defenses to thetaxpayer.In criminal tax fraud the Statute of Limitations applies to the prosecutionof the crime but not to the assessment of taxes. It is complicated buttypically the SoL in criminal fraud is 3 years from the commission of thecrime or 6 years for specified carved out offenses.In civil tax fraud there is no Statute of Limitations. But the IRS must meet a“clear and convincing” evidentiary standard preponderance of evidence.I did not see it mentioned in the New York Times article but keep in mindthat an IRS attorney or attorneys and auditors at New York DistrictCounsel’s office would have reviewed Fred Trump’s Estate Tax Return Form 706including attached appraisals and 709s and then issued a “Closing Letter”.This may or may not preclude the IRS from pursuing the Trump Estate but doespra hurdle to overcome in proving fraud and collecting taxes. We wouldhave to see the workpapers and notes that went into issuing that “ClosingLetter”.
What is the statute of limitations for the IRS collecting an old debt?
In IRS speak the statute of limitations is called the collection statuteexpiration date or CSED. The CSED for income tax is 10 years from when thetax is assessed. A tax is assessed when the tax payer files the tax return orwhen the IRS does so on the tax payers behalf.
What forms do I need to submit in order to get the IRS to stop the collectionprocess for unpaid unemployment taxes upon which the 10 year statute oflimitations have expired?
Something is wrong with your situation. After 10 years the IRS stops. They arerequired to by law. UNLESS….You’ve never filed the required tax return in which case there is NO limit onthe statute of limitations because you have not started the running of thestatute.It is my VERY STRONG SUSPICION that you have NEVER filed the return inquestion.
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