{"id":17307,"date":"2010-06-02T00:00:00","date_gmt":"2010-06-02T00:00:00","guid":{"rendered":"https:\/\/getirshelp.com\/blog\/florida-tax-attorney-darrin-t-mish-appears-blog-talk-radio-host-scot-ferrel\/"},"modified":"2026-07-24T21:55:51","modified_gmt":"2026-07-24T21:55:51","slug":"florida-tax-attorney-darrin-t-mish-appears-blog-talk-radio-host-scot-ferrel","status":"publish","type":"post","link":"https:\/\/getirshelp.com\/blog\/florida-tax-attorney-darrin-t-mish-appears-blog-talk-radio-host-scot-ferrel\/","title":{"rendered":"Florida Tax Attorney, Darrin T. Mish appears on Blog Talk Radio with host Scot Ferrel"},"content":{"rendered":"<p>I hear from people every week who think their tax problem is the end of the world. It usually isn&#039;t. I&#039;m Darrin Mish. I&#039;ve resolved over $100 million in tax debt for clients. Here&#039;s what you should know.<\/p>\n<p>Scott Ferrall: All right, my guest tonight \u2013 let&#8217;s go ahead and get to that,<br \/>\nbecause I&#8217;ve got some folks who have got a lot of questions and<br \/>\nthey want them answered, concerning the IRS, what you can do, and<br \/>\nif you are I guess in the holding with the IRS, and you have done<br \/>\nsomething that you have got to get handled.\u00a0<a href=\"https:\/\/getirshelp.com\/blog\/category\/irs-help\/\">Click here to read or watch more IRS Help resources.<\/a><\/p>\n<p>Let me go ahead and give the formal introduction for my guest<br \/>\ntonight. My guest tonight is Darrin Mish. Darrin is a graduate of<br \/>\nGolden State University. The cool thing is he has been rated by the<br \/>\nfolks in his field as achieving the highest levels of professional<br \/>\nskills, and integrity.<\/p>\n<p>Normally, we always kid attorneys, especially my buddies. We kid<br \/>\nattorneys about the word &apos;integrity&apos; in attorney of a lawyer being<br \/>\nhooked into the same sentence. He&apos;s the real deal. He is a friend<br \/>\nof mine. I&apos;ve gotten a chance to spend some time with him out in<br \/>\nLA.<\/p>\n<p>He was also nominated &quot;Practioner of the Year&quot; in 2002, by the<br \/>\nAmerican Society of IRS Problem Solvers. He is the real deal. I<br \/>\nhave the top expert, the top IRS attorney on my show tonight.<br \/>\nI am going to go ahead and give you a chance to get a pen or a<br \/>\npencil, get ready to take some notes. Also, if you have got any<br \/>\nquestions tonight, you can ask him.<br \/>\nDarrin, are you on the line?<br \/>\nDarrin Mish: Yeah, I am Scott. How are you?<br \/>\nScott: Did I give you enough introduction here, or do I need to go back<br \/>\nand say more really nice things about you?<br \/>\nDarrin: [laughs] No, no. no. That&apos;s fine. I am actually blushing right now.<br \/>\nIf we were on a different show or a slightly different topic, we<br \/>\ncould go on and on about that political stuff all night. That would<br \/>\nbe a whole lot of fun. I would really like to give my opinions<br \/>\nabout that, but let me tell you a couple of things that I do know<br \/>\nabout the new Healthcare Bill. Don&apos;t let me get too far off on this<br \/>\ntangent, because we want to take some calls. We want to help some<br \/>\npeople tonight.<br \/>\nHere is the deal. As much as this Healthcare Bill is going to help<br \/>\nmy business, I mean our business has already exploded once<br \/>\nPresident Barack Obama was elected, but now the IRS and this new<br \/>\nHealthcare Bill, the IRS is going to be hiring somewhere between<br \/>\n16,500-18,000 new tax collectors.<br \/>\nYou might ask, &quot;Well, why do they need so many tax collectors?&quot;<br \/>\nIncidentally, that is going to cost $10 billion. A billion with a<br \/>\n&quot;B.&quot; It is going to cost that much to hire that many tax<br \/>\ncollectors. Why do they need so many new tax collectors? They need<br \/>\nthem, because every single month, the IRS is going to check us<br \/>\nindividually and corporately to make sure that we have approved<br \/>\nhealth insurance.<br \/>\nSo, if we think the IRS problems are bad now, and that the IRS has<br \/>\ntoo much control, and too much insight into our private lives, boy,<br \/>\nwe haven&apos;t seen nothing yet!<br \/>\nScott: I know we haven&apos;t. I was about ready to throw a chair through the<br \/>\nTV last night when I saw the vote go through.<br \/>\nDarrin: Well, all we can do is what you said, and vote with a conscious in<br \/>\nNovember, and see what we can do about getting some of this stuff<br \/>\nrepealed.<br \/>\nScott: If you don&apos;t, the end of the Republic is here. I mean listen to<br \/>\nthis folks, Darrin just said it, $10 billion. I mean, right now, we<br \/>\nare flat broke. Medicaid when broke last week \u2013 actually, it was<br \/>\nSocial Security. Social Security is broke.<br \/>\nNow, we are borrowing money from the Chinese, a government that is<br \/>\nnot very friendly to the United States. So, everything that we are<br \/>\ndoing from here on out, we are borrowing to do. The debt ceiling<br \/>\nright now is $12.7 trillion. Our debt payment per year is $958<br \/>\nbillion. We only collected a little over $1 trillion in taxes last<br \/>\nyear. That is frightening!<br \/>\nDarrin: Well, Scott, I am actually doing my part to make sure that they<br \/>\ncollect a little less than a trillion this year. [laughs]<br \/>\nScott: Oh, yeah. All right, well tonight&apos;s guest is Darrin Mish. Darrin&apos;s<br \/>\noffice is in Tampa. Let me go ahead and give you his website,<br \/>\ngetirshelp.com\/blog\/, a very easy website. Let me give you his phone<br \/>\nnumber, 888-438-6474.<br \/>\nAll right, Darrin, I gave you that glowing introduction. Now,<br \/>\nGolden State University, that is in San Francisco, correct?<br \/>\nDarrin: It is actually Golden Gate University, like the bridge.<br \/>\nScott: Oh, Golden Gate. I was thinking Golden State Warriors, sorry.<br \/>\nDarrin: That is all right.<br \/>\nScott: I am a basketball running through here. Now, are you originally<br \/>\nfrom San Francisco?<br \/>\nDarrin: I am originally from Southern California. After I got done<br \/>\ngraduating at UC Santa Barbara \u2013 who incidentally was in the NCAA<br \/>\nTournament, but lost sadly to Ohio State, I moved up to the Bay<br \/>\nArea to go to school at Golden Gate University. Then after<br \/>\ngraduation in 1993, I made my way out to sunny Tampa, Florida. I<br \/>\nhad enough of that fog and cold, wet weather out there in San<br \/>\nFrancisco.<br \/>\nScott: I bet. See, I have never been there. I have always been to Southern<br \/>\nCalifornia. I love Southern California, could live there, but there<br \/>\nis too many people per square foot, but I had to stay in the South<br \/>\nof the United States.<br \/>\nDarrin: Famous quote by Mark Twain, &quot;The coldest winter he ever spent was a<br \/>\nsummer in San Francisco.&quot; It is very cold there in the summertime.<br \/>\nScott: [laughs] That is really nice.<br \/>\nAll right, folks. You do have the top expert in the business on the<br \/>\nphone tonight. <a href=\"https:\/\/getirshelp.com\/blog\/\">He is one of the top tax attorneys in the United<\/a><br \/>\nStates. He is also part of America&#8217;s Premier Experts. The only way<br \/>\nyou can get into that group, I, myself am in that group for about<br \/>\neight years, is to be an expert in your field.<br \/>\nNow, Darrin, you and I met in LA. What hits me is I have so many<br \/>\nfriends that ask about top IRS attorneys, or attorneys period, that<br \/>\ncan help with the IRS. What made you decide to get into this<br \/>\nparticular type of law practice?<br \/>\nDarrin: It is a really interesting story. I actually worked for the<br \/>\ngovernment, not the IRS, but I was actually a public defender for a<br \/>\ncouple of years out of law school. After that couple of years, I<br \/>\nwent out into private practice on my own, practicing Criminal<br \/>\nDefense.<br \/>\nIt is interesting, in law school, they never teach you a darn thing<br \/>\nabout actually running a business. I have heard the same thing<br \/>\nabout dental school, and medical school, and whatnot, but we didn&#8217;t<br \/>\nlearn anything about business whatsoever.<br \/>\nSo, I go off on my own, and I start my own business. I think I know<br \/>\neverything, because I am a young man, and I am an attorney. So, lo<br \/>\nand behold a couple of years in, I find myself with a tax problem.<br \/>\nWhen I go searching for help for my tax problem, because I don&#8217;t<br \/>\nknow exactly what to do, I can&#8217;t find any help in my local area.<br \/>\nSo, this is interesting, and this is kind of a hard thing to admit,<br \/>\nbut I was actually engaged at the time or I might have been<br \/>\nmarried. I am not sure, but it was fairly recent or new in our \u2013 we<br \/>\nhadn&#8217;t been married very long, if we were married. I finally<br \/>\nadmitted to my wife that I owed the IRS some money. It was not a<br \/>\nlot of money in the overall scheme of things. It was less than<br \/>\n$10,000, but it was something that I was keeping from her, because<br \/>\nI was really ashamed of it.<br \/>\nI didn&#8217;t know what to do, and there was some of that machismo<br \/>\nwrapped in there too, like &#8220;I should know how to deal with this.&#8221;<br \/>\nIt was funny, once I admitted it to her, we sat down and we talked<br \/>\nabout it. We ended up facing the problem, and we ended up working<br \/>\nit out with the IRS.<br \/>\nSo, after I got that experience of handling my own problem, it<br \/>\noccurred to me that there were lots and lots of folks just like me<br \/>\nout there that probably had tax problems. So, I went on a search, I<br \/>\nwent on a quest, and I found a mentor who helped teach me<br \/>\neverything that I needed to know about handling tax problems.<br \/>\nI really dove in head first. I learned so much that within two<br \/>\nyears of being mentored by this gentleman, I actually was then<br \/>\nhired by him to teach other attorneys, CPAs, and enrolled agents<br \/>\naround the country, how to handle tax problems.<br \/>\nSo, that is actually how I really wound up getting into this niche<br \/>\nis I actually had my own tax problem.<br \/>\nScott: How did your wife handle the truth?<br \/>\nDarrin: It is funny. They say, &#8220;The truth shall set you free,&#8221; right? She<br \/>\nwas very kind. She was very understanding, and that has been the<br \/>\ncase in almost every other case, where I have run into similar<br \/>\ncircumstances. It is very common for one spouse to be withholding<br \/>\nthat information from their spouse, and they will typically come in<br \/>\nand speak to me. I always counsel them to go ahead and tell the<br \/>\ntruth, because that anxiety that they have built up is almost<br \/>\nalways worse than their spouse&#8217;s reaction.<br \/>\nScott: Oh, yeah. Now, I was reading your website today. You have a very<br \/>\ninteresting story about a man that was in a coma. Could you tell<br \/>\nthat story? I mean, I want the listeners to hear this story.<br \/>\nFolks, this is an amazing story of what Darrin was able to do for<br \/>\nthis individual. Also, it is amazing of how ruthless the IRS can<br \/>\nreally be with an individual. Give us a quick overview of this.<br \/>\nDarrin: OK. Here is a quick overview. This gentleman was a contractor. He<br \/>\nwas actually a handyman, and he owed the IRS. He had not filed for<br \/>\nmany years. I mean, that is not uncommon by the way for there to be<br \/>\nnon-filers. Something like 10 percent of the population has not<br \/>\nfiled tax returns. Incidentally, once you do that for one year,<br \/>\nthen the next year comes before you know it, and then the next<br \/>\nyear, and then the next year. So, commonly people come in, and they<br \/>\nhaven&#8217;t filed a tax return in about 10 years.<br \/>\nSo, this gentleman was in that situation. We ended up filing tax<br \/>\nreturns, or preparing tax returns for him, and then filing them. By<br \/>\nthe time those were all done, and penalties and interest, and<br \/>\neverything was added, he owed somewhere between $80,000-$100,000.<br \/>\nHe was earning as a handyman something like $30,000-$40,000 a year.<br \/>\nNow, I don&#8217;t know anywhere in this country where that is a lot of<br \/>\nmoney. So, we ended up filing what is known as an &#8220;Offer in<br \/>\nCompromise.&#8221; <a href=\"https:\/\/getirshelp.com\/blog\/tag\/offer-in-compromise\/\">An Offer in Compromise is where you can make a deal<\/a><br \/>\nwith the IRS to settle for less. It is a program setup by Congress,<br \/>\nso that people can get a fresh start and get on with their lives.<br \/>\nSo, Congress has set up this deal, because they understand the<br \/>\npresent value of money. So, money today for sure is much better<br \/>\nthan &quot;We might get more money in the future.&quot; So, we filed this<br \/>\n<a class=\"wpil_keyword_link\" href=\"https:\/\/getirshelp.com\/blog\/irs-offer-in-compromise-how-to-settle-your-tax-debt-for-less-than-you-owe\/\"   title=\"Offer in Compromise\" data-wpil-keyword-link=\"linked\"  data-wpil-monitor-id=\"875\">Offer in Compromise<\/a> for this gentleman, and it was pending for<br \/>\nquite a long time.<br \/>\nIn the past, it was not uncommon for Offers and Compromise to be<br \/>\npending for like two years before they were either accepted or<br \/>\nrejected. The IRS also treats most offers like an insurance company<br \/>\ntreats a claim. It is kind of funny that this analogy comes up<br \/>\ntoday, of all days. Most insurance companies deny claims right off<br \/>\nthe bat, because some very large percentage of people will just go<br \/>\naway, and the IRS does that with Offers and Compromise as well.<br \/>\nSo, they initially rejected his offer, and we offered \u2013 I don&apos;t<br \/>\nknow. I can&apos;t remember exactly how much, but something like around<br \/>\n$5000. It was initially rejected, and then we filed an appeal.<br \/>\nWhile the appeal was pending for six months or so, my client<br \/>\nactually contained this very rare infection. He was cleaning up<br \/>\nsome disgusting house, like a foreclosure kind of deal, and he got<br \/>\ncut right through his boot. The bacteria that was in the house<br \/>\nended up getting into his bloodstream, and put him in a coma. He<br \/>\nwas actually in the hospital for quite some time.<br \/>\nSo, what happened is we went ahead with the appeal, and I was able<br \/>\nto secure a settlement with the IRS to settle his case for $3000-<br \/>\n$4000, something like that. The problem was the gentleman was in a<br \/>\ncoma, so he couldn&apos;t sign the paperwork. So, I had to just stall,<br \/>\nand do everything I could to keep the case open long enough, hoping<br \/>\nthat he would awaken from his coma. A long story short, he did. He<br \/>\nwas able to sign. We literally had him sign the day he woke up or<br \/>\nthe day after, and his offer went through. He paid the IRS. The<br \/>\ncase was settled, and he lived happily ever after.<br \/>\nScott: Now, did commonsense ever enter and say, &quot;Hey. The dude is in a<br \/>\ncoma. Why don&apos;t we put this on hold until the guy wakes up?&quot;<br \/>\nDarrin: Well, it is a beaurocracy, and it would not have been hard at all<br \/>\nfor us to convince the IRS to place him in what is known as<br \/>\n&quot;<a class=\"wpil_keyword_link\" href=\"https:\/\/getirshelp.com\/blog\/irs-currently-not-collectible-status\/\"   title=\"Currently Not Collectible\" data-wpil-keyword-link=\"linked\"  data-wpil-monitor-id=\"877\">Currently Not Collectible<\/a> Status.&quot; That status means that the IRS<br \/>\nagrees that he has no present ability to make any payments.<br \/>\nHowever, I knew this gentleman. I had been working with him for<br \/>\nsomething like three years. I knew that when he awoke, that status<br \/>\nCurrently Not Collectible, would not be a win in his eyes. So, I<br \/>\ndid whatever I could moving heaven and earth, to make sure that we<br \/>\nkept that thing open long enough so that he could sign. Again, it<br \/>\nworked out.<br \/>\nScott: True success story, folks. Again, let me give you Darrin&apos;s website<br \/>\nand his phone number. His website is getirshelp.com\/blog\/, and I am going<br \/>\nto give you his toll free number: 888-438-6474.<br \/>\nMy guest tonight is Darrin Mish. Darrin is one of the top \u2013 what do<br \/>\nyou call yourself Darrin, tax attorney, IRS problem maker?<br \/>\nDarrin: [laughs] I am definitely not an IRS problem maker. I would say tax<br \/>\nattorney.<br \/>\nScott: All right, now Darrin you have got a book coming out. We&apos;re in a<br \/>\nbook together, &quot;The Power of Principles for Success.&quot; What was your<br \/>\nchapter in that book, and what can the listeners look for when they<br \/>\npurchase it?<br \/>\nDarrin: My chapter was actually about goal setting, and it was about goal<br \/>\nsetting in a professional sense and a business sense. In the<br \/>\ncontext that we&apos;re talking about here, I think that there is a<br \/>\nprinciple that applies as well, and that is for most taxpayers, it<br \/>\ntook many years to get themselves into the situation where they<br \/>\nhave to come and see me.<br \/>\nSo, to expect that you are going to make one phone call or do<br \/>\nsomething really easy and this is all going to go away, is probably<br \/>\nnot a realistic thing. So, you need to set goals along the way to<br \/>\nmake sure that the outcome that you desire comes out. So, for<br \/>\nexample, make a goal today to visit the website, or make a goal<br \/>\ntoday to call someone like me to get some help, and then set an<br \/>\nappointment and then attend the appointment, or make the phone<br \/>\nappointment, whatever it is.<br \/>\nWhen we, for example, ask you for financial documentation so that<br \/>\nwe can help solve your case, set a goal to actually meet the<br \/>\ndeadline. Now, it sounds really simplistic, but I mean it is that<br \/>\nsimple, in that we need in our lives to be able to set goals, and<br \/>\nthen accomplish them if we ever hope to have the outcomes that we<br \/>\nexpect, and that we deserve.<br \/>\nSo, that is really what my chapter in that particular book is all<br \/>\nabout.<br \/>\nScott: Oh, yeah. I mean, my chapter in the book is &quot;See the Finish Line.&quot;<br \/>\nUnless you can see the finish line, you are never going to do<br \/>\nanything. I always teach people to see the finish line, and work<br \/>\nbackwards to get to the finish line. It is so funny, because people<br \/>\nwill avoid things. They won&apos;t talk about the elephant in the room,<br \/>\nand they think it is just going to go away. Folks, the IRS is not<br \/>\ngoing to go away. The government has plenty of money. They have<br \/>\nplenty of time and money to destroy your lives.<br \/>\nDarrin: It is your money. [laughs]<br \/>\nScott: And it is your money paying to destroy your own life!<br \/>\nNow, I have got a whole series of questions for Darrin to answer<br \/>\nfor me tonight. So, go ahead and get your paper and pencil. Write<br \/>\nthese down if you have got any issues with the IRS. Make sure you<br \/>\nplace a call or go to Darrin&apos;s website, and see how he can help<br \/>\nyou. Again, that website getirshelp.com\/blog\/.<br \/>\nAll right, Darrin. Let me go ahead and start with the questions<br \/>\ntonight. I have got several sitting in front of me, and I want to<br \/>\nget answered. All right, here is the first one; can the IRS really<br \/>\ntake a persons home, bank account and paycheck?<br \/>\nDarrin: OK. Everybody wants to hear about, &quot;Can the IRS really take my<br \/>\nhome?&quot; In my state, in Florida, we have something called the<br \/>\n&quot;Homestead Exemption.&quot; It is a state law, and what it says is that<br \/>\nmost predators cannot touch your home if you have declared it your<br \/>\nhomestead, where you live, your family&apos;s home.<br \/>\nIn Florida, we always have people come in and say, &quot;The IRS can&apos;t<br \/>\ntake my home, because of homestead.&quot; Wrong. There is something<br \/>\ncalled the &quot;Supremacy Clause&quot; in the Constitution that says that,<br \/>\n&quot;Federal Law supersedes State Law.&quot; That is actually one of the<br \/>\nthings that we are going to be dealing with in the Healthcare<br \/>\ndebate, but the IRS can actually take your home.<br \/>\nNow, in the vast majority of cases the IRS doesn&apos;t want your home,<br \/>\nespecially given today&apos;s economic climate. There is a very good<br \/>\nchance that your home is worth a lot less than the amount of tax<br \/>\nthat you owe. It is reserved for rather extreme circumstances.<br \/>\nI don&apos;t want to go too far into this, but there is a certain group<br \/>\nof people that have constitutional objections to the tax code. They<br \/>\nwill file hundreds and thousands of pages worth of documents,<br \/>\nraising arguments that have been declared null and void to the<br \/>\ncourts. Those types of folks usually get singled out for special<br \/>\nattention by the IRS, and most of the home seizures that I have<br \/>\nseen during my career have been of people who have actually gone<br \/>\ndown that road. So, homes can be seized.<br \/>\nNow, bank accounts and paychecks are a whole lot easier. Let&apos;s talk<br \/>\nabout the bank account.<a href=\"https:\/\/getirshelp.com\/blog\/tag\/irs-levy\/\"> If the IRS issues a notice, what is called<\/a><br \/>\na &#8220;Final Notice of Intent to Levy,&#8221; and then 45 days goes by and<br \/>\nthe taxpayer does not appeal, then the IRS can issue what is known<br \/>\nas a &#8220;Bank Levy.&#8221; What that means is they send a notice to the<br \/>\nbank, and they are entitled to everything in your bank account, up<br \/>\nand including how much your total liability is.<br \/>\nSo, in other words, you could have just gotten paid and your<br \/>\nmortgage money is in there, your utility money is in your bank<br \/>\naccount, and the IRS issues a levy. They suck it all out of there,<br \/>\nand the odds of getting it back are not real good. You do have 21<br \/>\ndays after this levy has occurred to fight it out with the bank and<br \/>\nthe IRS, and typically you are only going to have real good success<br \/>\nif you can argue that they levied the wrong person. So, Bank Levies<br \/>\nare really bad. We don&#8217;t like Bank Levies to happen, because they<br \/>\nare really hard to undue.<br \/>\nThe Bank Levy is a one time levy. It doesn&#8217;t mean that they can&#8217;t<br \/>\ndo it more than once, but it means that it is not continuous. So,<br \/>\nit is kind of like, they&#8217;ll do one now, and they might do one in<br \/>\nsix months, but it is not a continuous levy.<br \/>\n<a href=\"https:\/\/getirshelp.com\/blog\/tag\/irs-wage-garnishment\/\">Now, a Wage Garnishment is a little big different.<\/a> A Wage Levy is when<br \/>\nthey issue a levy notice to your employer. A Wage Levy is<br \/>\ncontinuous, which means your wages will continued to be garnished<br \/>\nuntil the full amount of the liability is paid off.<br \/>\nNow, there is actually a schedule that tells your employer how much<br \/>\nof your paycheck that you get to get, that you get to keep if you<br \/>\nhave a wage garnishment, but a nice rule of thumb is you get to<br \/>\nkeep a whopping 15 percent of your paycheck. So, wage garnishments<br \/>\nare really bad as well.<br \/>\nScott: Well, when Barack Obama gets through with his tax hike, that might<br \/>\nbe the only thing we have left. It&apos;s not really going to matter.<br \/>\nDarrin: [laughs] Well, we have represented a number of people over the<br \/>\nyears that are actually what we call &apos;levy proof.&apos; I mean, they<br \/>\nmake so little money, that there is nothing for the IRS to get even<br \/>\nif they do garnish, but that is not a happy place to be.<br \/>\nScott: Well, no. All right, now next question \u2013 everybody get that at<br \/>\nhome. If bad things happen, what is the best thing that an<br \/>\nindividual can do?<br \/>\nDarrin: Well, at the risk of sounding self-serving, I would say call<br \/>\nsomeone like us to help you, because if you call the IRS \u2013 think<br \/>\nabout it. Have you ever heard that clich\u00c3\u0192\u00c2\u00a9, &quot;Hi. I am from the<br \/>\ngovernment, and I am here to help&quot;? That is kind of what happens.<br \/>\nScott: [laughs]<br \/>\nDarrin: You call the IRS, they&apos;ve just garnished your bank account or your<br \/>\npaycheck, and you&apos;re just calling &apos;uncle.&apos; They usually play nice<br \/>\non that first call, and they kind of just lead you down the garden<br \/>\npath, but remember that the IRS employees work for the Federal<br \/>\nGovernment. That is their job is to collect money from you.<br \/>\nWhereas, a tax attorney such as myself, my job is to protect the<br \/>\ntaxpayers interest and being able to get for them. So, I would say<br \/>\nthe best thing to do is not to call the IRS. That is probably the<br \/>\nworse thing to do, but call and get some help from someone like us.<br \/>\nNow, if that&apos;s economically not possible or feasible, then you<br \/>\nmight want to visit our website getirshelp.com\/blog\/. The truth is there<br \/>\nis a couple of hundred videos on our website, and the answer to<br \/>\nvirtually any question you can imagine is contained there on the<br \/>\nwebsite. I actually tell people, believe it or not, how to solve<br \/>\ntheir own problems, but the vast majority of people aren&apos;t<br \/>\ninterested. They would rather have someone, who has been there,<br \/>\ndone that a 100 times or a 1000 times, instead of trying to do it<br \/>\nthemselves.<br \/>\nScott: Man! You are like the Calvary. I mean, everybody gets so stressed<br \/>\nout about the IRS, and we&apos;ll see the biggest stress come in about<br \/>\nthree weeks. I&apos;ve got a non-profit. I have called the IRS five<br \/>\ntimes, and have gotten five separate answers on what I was supposed<br \/>\nto do with my non-profit. It is kind of frightening, because the<br \/>\ngovernment \u2013 you can&apos;t complain, and they&apos;re never wrong. So, it is<br \/>\nalways your fault.<br \/>\nDarrin: I have a funny story about that. One time, I filed an extension for<br \/>\nmy own personal return. This has been several years ago. I got a<br \/>\nnasty gram around April the 20th or 25th saying, &quot;We didn&apos;t get<br \/>\nyour extension on time. You owe us $500 penalty.&quot; So, despite<br \/>\nknowing better, I called the IRS and I complained, and I said, &quot;No.<br \/>\nI sent it in on time.&quot; The lady said, &quot;Well, if you don&apos;t have that<br \/>\nlittle green certified thing, then it was late, and we win and you<br \/>\nlose.&quot; I said, &quot;As a matter of fact, I do have that little<br \/>\ncertified receipt. Where would you like me to send it?&quot;<br \/>\nSo, the moral of the story is if you are going to file an<br \/>\nextension, have some way to track it so they can&apos;t say that it was<br \/>\nlate.<br \/>\nScott: I only send my tax returns either FedEx and get them signed, or get<br \/>\nthe little green slip. [sneeze] Sorry, folks. I still got this<br \/>\nsinus infection. I am trying not to cough on the air tonight.<br \/>\nI think we have a call Darrin. Let me go ahead and see. I am<br \/>\nrunning my own switchboard now. I do not have a producer, so it<br \/>\ntakes me awhile to get \u2026 Caller? Do we have a caller on the line?<br \/>\nAnn: Yes.<br \/>\nScott: OK. What would be your question for Darrin tonight?<br \/>\nAnn: Hey, Darrin. I am really glad to hear your show, and it is great to<br \/>\nknow that there are people like you out there to help us little<br \/>\nguys out.<br \/>\nMy question is, I became an independent contractor last year, and<br \/>\njust kind of stumbling and bumbling my way through life. I wasn&apos;t<br \/>\nreally prepared to put aside taxes and things like that properly,<br \/>\nand now I am going to be filing a tax return for 2009. What is my<br \/>\nbest strategy? Do I need somebody like you to go ahead and kind of<br \/>\ncorrect me to file my taxes? What is the best thing for me to do?<br \/>\nDarrin: I am really glad that you asked that question. What is your name by<br \/>\nthe way?<br \/>\nAnn: Ann.<br \/>\nDarrin: Hi, Ann. I am really glad that you asked that question, and it<br \/>\ndepends. I have a two part answer for you, and one part is going to<br \/>\nbe a little bit educational. The first answer is \u2013 of course, I am<br \/>\na lawyer, I am going to say it depends. It depends on how much<br \/>\nmoney you are going to ultimately owe. I would suggest that if you<br \/>\nare going to owe $25,000 or less, you&apos;re probably not going to need<br \/>\na tax pro like me. You&apos;re probably going to be able to call the IRS<br \/>\nyourself, despite the fact that I just told you not to, and <a href=\"https:\/\/getirshelp.com\/blog\/tag\/irs-installment-agreements\/\">setup what is called an &#8220;Installment Agreement,&#8221; which is nothing more than a payment plan<\/a>.<br \/>\nNow, here is the rule of thumb. If the taxpayer owes $25,000 or<br \/>\nless, and has not had an <a class=\"wpil_keyword_link\" href=\"https:\/\/getirshelp.com\/blog\/how-to-negotiate-the-best-installment-agreement-with-the-irs-without-losing-your-mind\/\"   title=\"Installment Agreement\" data-wpil-keyword-link=\"linked\"  data-wpil-monitor-id=\"876\">Installment Agreement<\/a> in the prior five<br \/>\nyears, then if you make an offer that would full pay the liability<br \/>\nover 60 months, then you&apos;re going to get an Installment Agreement<br \/>\nalmost automatically.<br \/>\nNow, I understand that might have been difficult to understand, so<br \/>\nI am going to give you a hypothetical. If you owe $25,000, if you<br \/>\noffered about $500 a month, that would full pay within 60 months,<br \/>\nand the IRS would most likely just rubberstamp that and say, &quot;OK.&quot;<br \/>\nSo, it is going to depend on how much you owe, and how much you can<br \/>\nafford to pay. Now, if you find that you prepare the return and you<br \/>\nowe more than you can afford to pay, that is really just our<br \/>\nbaseline sort of category is \u2013 if you owe more than you can afford<br \/>\nto pay, then, of course, it is going to make sense to go ahead and<br \/>\ncall someone like us.<br \/>\nNow, I wanted to say something else about people in your situation,<br \/>\nbecause it is super common, where you are an independent contractor<br \/>\nfor the first time, and you are not sure what you are supposed to<br \/>\ndo. So, I am going to go ahead and tell you what my wife made me<br \/>\ndo, going back to that tax problem that I had, and that is you have<br \/>\nto make estimated tax payments. You use Form 1040ES, and you have<br \/>\nto make those quarterly. You have to pay those four times a year.<br \/>\nSo, what I do is every time I pay myself, I withhold somewhere<br \/>\nbetween 20 percent and 30 percent, and I set it aside in a<br \/>\nsegregated account for the estimated tax payments.<br \/>\nSo, again here is an example. If I write myself a check for $1000<br \/>\nout of my corporate account, I am going to set aside somewhere<br \/>\nbetween $200-$300, put it in this special account. Right before the<br \/>\ndue date of each one of those deadlines, I am going to take all the<br \/>\nmoney in there, and I am going to send it off to the government.<br \/>\nNow, it is also important to note that you don&apos;t have to pay only<br \/>\non the deadlines. You don&apos;t have to pay every three months. You can<br \/>\npay every week or every month. If you are the type of person that<br \/>\nhas trouble saving money because there is always some new emergency<br \/>\nthat comes up, then by all means, send it in more frequently.<br \/>\nBecause it is one of those situations where like if you own a house<br \/>\nand you don&apos;t pay your mortgage, they come and take your house. It<br \/>\nis very similar with the IRS. If you don&apos;t make your estimated tax<br \/>\npayments, eventually really bad things can happen.<br \/>\nAnn: Well, thanks very much for the answer. I appreciate the<br \/>\ninformation.<br \/>\nDarrin: Thanks for the question, Ann. I appreciate it.<br \/>\nScott: Any more questions?<br \/>\nAnn: No. That&apos;s it. Thank you.<br \/>\nScott: All right. Well, thanks for the call tonight. Darrin, thanks for<br \/>\nthe answer. All right, take care. Bye-bye.<br \/>\nThat was actually a good question, wasn&apos;t it?<br \/>\nDarrin: Yeah. I love that question.<br \/>\nScott: A lot of people probably have that question. It is like, &quot;What do I<br \/>\ndo?&quot; and then they panic.<br \/>\nDarrin: Right. [laughs]<br \/>\nScott: Now, I have got my next question. Now, here is the deal. I have<br \/>\nheard of some people go for years without filing taxes. Now, that<br \/>\nis one thing. What do they do if they have no records to go along<br \/>\nwith the filing of the taxes?<br \/>\nDarrin: Well, there is a couple of things that we can do. We can actually<br \/>\nfile what is called a &quot;Freedom of Information Act Request&quot; with the<br \/>\ngovernment, and we can obtain their transcripts from the IRS going<br \/>\nback, usually about seven years. So, we can get the W2s, the 1099s,<br \/>\nthe 1098s and so on, from the government itself.<br \/>\nThe statute of limitations for the crime of failure to file a tax<br \/>\nreturn is six years. So, typically, we will go ahead and have a non<br \/>\n-filer file the last 6-7 years, so that we can avoid the criminal<br \/>\naspect. That is the way that we get the records from the<br \/>\ngovernment.<br \/>\nNow, if that is not good enough, like let&apos;s say that they were<br \/>\noperating a business as well, and they had business expenses. They<br \/>\ncan make what is known as a &quot;Good Faith Estimate&quot; of what their<br \/>\nexpenses were. There has to be a declaration if that is the case,<br \/>\nbut &apos;knock on wood,&apos; I have never had a problem where we have filed<br \/>\nback tax returns, where we made good faith estimates of the<br \/>\nexpenses.<br \/>\nThat being said, these are not the most aggressive tax returns in<br \/>\nthe world when we file those, because typically the taxpayer is<br \/>\ngoing to owe more than they can afford to pay. That takes us out of<br \/>\nthe examination division of the IRS, where they are really worried<br \/>\nabout, &quot;How much do you owe?&quot; and puts this right into the<br \/>\ncollection division of the IRS, where all they care about is<br \/>\ncollecting the money.<br \/>\nSo, again typically, a rule of thumb is if the taxpayer owes more<br \/>\nthan they can afford to pay, there is almost always something that<br \/>\nwe can do to help them out.<br \/>\nScott: That is a blessing, folks. Did you hear that? There is almost<br \/>\nalways something that he can do.<br \/>\nLet me go ahead and give you Darrin&apos;s website again if you are just<br \/>\ntuning in with us. My guest tonight is Darrin Mish. Darrin is the<br \/>\nproblem solver if you have IRS issues. His website is<br \/>\ngetirshelp.com\/blog\/, number 888-438-6474.<br \/>\nNow, that brings me up to my next question. Will the IRS forgive<br \/>\npenalties and interest?<br \/>\nDarrin: Well, that is a good question. The penalties can be forgiven for<br \/>\nwhat is known as &quot;Reasonable Cause.&quot; When you think about, &quot;Well,<br \/>\nwhat does reasonable cause mean?&quot; It means a darn good reason. Now,<br \/>\ntypically, people will say to me, &quot;Well, I didn&apos;t have the money.<br \/>\nIsn&apos;t that a good enough reason?&quot; No. That is not a good enough<br \/>\nreason.<br \/>\nLet me give you some examples of good enough reasons \u2013 bizarrely<br \/>\nenough \u2013 drug abuse, alcohol addiction, mental health, severe<br \/>\nemotional disorders, divorce, death in the family, natural<br \/>\ndisasters. Those are all examples of reasonable cause.<br \/>\nTypically, you can get at least one year&apos;s penalty excused if you<br \/>\nhave reasonable cause. It becomes harder and harder once those<br \/>\nyears cascade and start to add up. In other words, if you have<br \/>\nseven years of non-filing, it is going to be pretty hard to<br \/>\nconvince the IRS that there is reasonable cause for the non-filing<br \/>\nof all seven years. However, there have been cases where we have<br \/>\nprevailed as far as that goes.<br \/>\nNow, let&apos;s talk about the interest. Interest is not usually<br \/>\nabatable, which means reducible, unless we can demonstrate that the<br \/>\ntaxpayer relied upon written erroneous advice from the IRS. Now,<br \/>\nyou had mentioned before you called the IRS five times and you get<br \/>\nfive different answers. That is not written advice. That is oral<br \/>\nadvice, and you cannot rely upon that to get interest waved. You<br \/>\ncan only rely upon erroneous written advice. Well, to obtain<br \/>\nwritten advice from the IRS is pretty hard.<br \/>\nSo, the rule of thumb is interest cannot be eliminated. However,<br \/>\nthe interest that is associated with penalties that are reduced<br \/>\ndoes go away as well, if the penalties do. The rule of thumb on<br \/>\npenalties and interest for a late filed return is if you owed $5000<br \/>\non a return with penalties and interest, it is probably going to<br \/>\ndouble. It is probably going to be about $10,000.<br \/>\nScott: Isn&apos;t it great? You couldn&apos;t afford to pay it the first time, and<br \/>\nthen they double it for you. With the wonderful United States<br \/>\nGovernment, the way we have now, they&apos;re still going to make you<br \/>\npay it or put you in jail. It&apos;s great.<br \/>\nDarrin: Well, I&apos;ll be honest. I&apos;ve been doing this for a long time through<br \/>\na number of administrations, and I haven&apos;t seen a whole heck of a<br \/>\nlot of difference in collection or examination from the IRS.<br \/>\nI&apos;m famous for saying the Republicans will lower your taxes and<br \/>\nwill do everything they can do to collect every penny, and<br \/>\nDemocrats will raise your taxes and they are not as aggressive.<br \/>\nRight now, it doesn&apos;t seem like there is going to be any slackening<br \/>\nof collection efforts at all, and if anything collection has<br \/>\nactually ramped up in the last several years.<br \/>\nScott: That just drives me crazy. OK. Next question. When a business gets<br \/>\nin trouble, I understand that even employees can be held liable for<br \/>\nunpaid taxes. Is that a true statement?<br \/>\nDarrin: Well, it is possible, and let me explain this rather complicated<br \/>\nscenario. If you have a corporation, and most of our corporations<br \/>\nthat we represent are single member corporations, that individual<br \/>\ncan be held liable for about 65 percent of the total payroll tax<br \/>\nliability personally.<br \/>\nSo, let&apos;s say I am the president of my corporation. I don&apos;t pay<br \/>\n$100,000 worth of payroll taxes. Ultimately, rough rule of thumb is<br \/>\nabout $65,000 of that is going to flow through to me personally,<br \/>\nand the IRS is going to what to come call for my personal assets.<br \/>\nA lot of people think, &quot;Oh. I set up a corporation. That<br \/>\ncorporation protects me from liability from a variety of factors.<br \/>\nIt is going to protect me from the government.&quot; No. Not<br \/>\nnecessarily, because we have this principle in trying to the law.<br \/>\nNow, there are cases where employees can also be held liable,<br \/>\nbecause the standard for liability in this sort of scenario is; was<br \/>\nit willful? Was it knowing and willful?<br \/>\nSo, you can have a situation where a bookkeeper or a treasurer, or<br \/>\nlike a paper director or a paper officer on a corporation who knew<br \/>\nthat the payroll taxes were not being paid, can actually be held<br \/>\nliable for this 65 percent of the payroll taxes. There has even<br \/>\nbeen cases where bankers and accountants have been held personally<br \/>\nliable for that trust fund portion of the payroll tax.<br \/>\nSo, it is really crucially important, I want people to understand<br \/>\nthis. You don&apos;t want to be an officer of the corporation or a<br \/>\ndirector of the corporation, that you don&apos;t have day-to-day control<br \/>\nover. Just for that reason, I have corporations other then my law<br \/>\nfirm, and my wife is not on any of the corporations. You might<br \/>\nthink, &quot;Oh, that&apos;s because you are worried if you get a divorce or<br \/>\nsomething, then can&apos;t take you to the cleaners.&quot; No. It is actually<br \/>\nthe opposite. It is in case we run into some kind of snag and we<br \/>\ncan&apos;t make payroll, it is only me that is going down, it is not<br \/>\ngoing to take her down too.<br \/>\nYou wouldn&apos;t believe how many husbands and wives, where it is the<br \/>\nhusband&apos;s or the wife&apos;s business, but they put their spouse on<br \/>\nthere as a 49 percent owner and vice president just to be nice, and<br \/>\njust to show them that they loved them, and then lo and behold a<br \/>\npayroll tax problem comes along, and they are both held jointly and<br \/>\nseparately liable. So, that is a disaster.<br \/>\nScott: Rule of thumb folks, if you want your husband or wife to know it,<br \/>\njust tell them you love them, leave them off the legal documents.<br \/>\nHow is that? Does that work?<br \/>\nDarrin: [laughs] Yeah. That really does work. It sounds strange, but it is<br \/>\none of these situations where we have seen this time and time<br \/>\nagain. So, we don&apos;t want to see spouses who aren&apos;t intricately<br \/>\ninvolved in the business on the paperwork.<br \/>\nScott: Just in case you have just tuned in, my guest tonight is Darrin<br \/>\nMish, website: getirshelp.com\/blog\/, phone number: 888-438-6474.<br \/>\nNext question. You talked early about submitting financials to IRS.<br \/>\nCan you tell me more about what you mean by &apos;allowable&apos; expenses?<br \/>\nDarrin: Sure. Remember when I talked about submitting that Offer in<br \/>\nCompromise, and making an offer to settle for less with the IRS.<br \/>\nThe amount of that offer is calculated using allowable expenses as<br \/>\ndrawn up by the IRS \u2013 and let me explain a little bit better.<br \/>\nWe have to fill out what is called a &quot;Collection Information<br \/>\nStatement, &quot; and we declare all of the income. Then we go through<br \/>\nsome tables that the IRS has put forth, that talk about what kind<br \/>\nof expenses are allowable.<br \/>\nSo, if you were going to submit an Offer in Compromise, and you<br \/>\nsaid you made $10,000 a month, but you had $9500 a month in<br \/>\nexpenses because your mortgage is $7000. Well, wouldn&apos;t that be<br \/>\ngreat? It would be really easy to get an Offer in Compromise<br \/>\nthrough. For example, there is a max amount of housing and<br \/>\nutilities for every single county in the United States.<br \/>\nSo, here in Hillsboro County, Florida, I haven&apos;t looked at the<br \/>\nstandards yet. They just came out this month for this year, but I<br \/>\nwant to say the max housing allowance for a family of two,<br \/>\nincluding your mortgage, your utilities, your real estate taxes,<br \/>\nyour insurances, everything is about $1300 or $1400.<br \/>\nSo, there is really an art to filling out the Collection<br \/>\nInformation Statement, so that we can show and demonstrate to the<br \/>\nIRS that you have very little ability to pay. Now, we&apos;re not saying<br \/>\nthat we&apos;re going to do anything illegal, unethical, or immoral in<br \/>\nhelping you fill these out. We are going to make sure that they are<br \/>\nfilled out truthfully and correctly, so that you get to take<br \/>\nadvantage of every single dollar, and every single expense.<br \/>\nNow, there are some expenses where there are maximums like housing<br \/>\nand utilities, like I said. There is a maximum for what are known<br \/>\nas &apos;national&apos; standards, which is like food, clothing, and other<br \/>\nmiscellaneous expenses. There some maximum allowances for your car<br \/>\npayment and your other transportation expenses, but then there are<br \/>\nsome expense categories that are unlimited such as healthcare \u2013<br \/>\nagain, comes back to that.<br \/>\nI actually had clients who were spending $10,000-$15,000 a month on<br \/>\nhealthcare, because they had terminal diseases. They would get<br \/>\nthose expenses allowed by the IRS, because we could demonstrate<br \/>\nthat we were actually spending that.<br \/>\nSo, that is what I am talking about when it comes to allowable<br \/>\nexpenses, and it is actually a little bit of a puzzle to put those<br \/>\nthings together. We have quite a bit of information on the website<br \/>\nthat talk about how to fill those out, and then there is also a lot<br \/>\nof information on the IRS&apos;s website about how to get your allowable<br \/>\nexpenses, and whatnot.<br \/>\nBut, your typical Collection Information Statement that we get<br \/>\nback, that last page with the income and the expenses typically<br \/>\ncomes back to us blank, because it is so intimidating and it is so<br \/>\nscary to people when they first see it.<br \/>\nScott: Right. I have spent a lot of money on healthcare every month,<br \/>\nbecause I do everything naturally. I never use my health insurance,<br \/>\nbut everything I do \u2013 I am the guy who beat bipolar disorder. I did<br \/>\nit naturally with the help of a medical doctor of course, but most<br \/>\nof my doctors don&apos;t take insurance. So, I always have quite a price<br \/>\ntag on the healthcare.<br \/>\n<a href=\"https:\/\/getirshelp.com\/blog\/tag\/tax-lien\/\">All right. Next question; what does having a federal tax lien<\/a><br \/>\nreally mean?<br \/>\nDarrin: A federal tax lien is notice to the world that you owe the IRS<br \/>\nmoney. In most states they will file it in the Clerk of a Circuit<br \/>\nCourts Office, or in some states it is call the Recorders Office,<br \/>\nor in some states it is the Office of Deeds or Land Records.<br \/>\nBasically, it is notice to the world that you have this tax<br \/>\nproblem, and you owe this money to the IRS.<br \/>\nNow, interestingly most people think that the federal tax lien only<br \/>\nattaches to their real property. They think that it only attaches<br \/>\nto their house, but in fact the law indicates that it attaches to<br \/>\nall of your property, real and personal, wherever it is. So,<br \/>\ntechnically that means that it attaches to your socks in your sock<br \/>\ndrawer. Now, the IRS doesn&apos;t want the socks in your sock drawer,<br \/>\nbut it attaches to every single thing that you own.<br \/>\nSo, it is a good idea to avoid a federal tax lien if you can, and<br \/>\nit really puts a thumbprint on your credit report.<br \/>\nScott: I can imagine. Thank goodness I have never had one of those. Don&apos;t<br \/>\nplan on getting one.<br \/>\nAll right. Next question. If the IRS comes to your house, what<br \/>\nshould a person do? That is not a day that I would want to have<br \/>\nhappen.<br \/>\nDarrin: Well, there is a couple of different kinds of IRS officers. We&apos;re<br \/>\ngoing to talk real briefly about the really bad kind. These IRS<br \/>\nRevenue Agents, or actually Special Agents tend to travel in pairs,<br \/>\nand they have gold badges, and they carry guns. Those guys mean you<br \/>\nhave a criminal problem, or you are about to have a criminal<br \/>\nproblem. My best advice is shut your mouth. You are going to get<br \/>\narrested anyway. Do not talk to them. Indicate that you will not<br \/>\nspeak to them without the presence of an attorney. That is pretty<br \/>\nrare.<br \/>\nNow, the other type of IRS employee that is likely to come to your<br \/>\nhouse far more common is that of a Revenue Officer. A Revenue<br \/>\nOfficer is actually a collections officer for the IRS. They don&apos;t<br \/>\ncarry guns, and are not authorized to carry guns. They are not law<br \/>\nenforcement officers, and they carry a little plastic badge that<br \/>\nhas their \u2013 it is just like an ID. It has their picture on it.<br \/>\nNow, the Revenue Officers job is to make nice with you, secure<br \/>\nentrance to your home with permission if possible, or your business<br \/>\nif possible, so that they can eyeball the type of stuff that you<br \/>\nhave got, so that they can get a better idea of what your ability<br \/>\nto pay is going to be.<br \/>\nSo, my advice is, if a Revenue Officer comes to your home is to say<br \/>\n\u2013 just keep them on the front porch, remember they don&apos;t have the<br \/>\nright to forced entry into your home, and you say something like,<br \/>\n&quot;Oh. I am so glad you are here. I have been wanting to deal with<br \/>\nthis for a very long time. I will have my lawyer call you,&quot; and<br \/>\nthat would be the end of the conversation.<br \/>\nYou don&apos;t have to be as formal and as stiff to say, &quot;I am not going<br \/>\nto talk to you, without my lawyer present, &quot; but you should say<br \/>\nsomething like that. &quot;Hey. I have secured somebody to help me with<br \/>\nthis, and I want you to go ahead and speak with them instead of<br \/>\nme.&quot;<br \/>\nThe reason is the IRS Revenue Officer is going to make real nice<br \/>\nwith you. They are going to tell you, &quot;I am from the government,<br \/>\nand I am here to help.&quot; They are going to secure as much damming<br \/>\ninformation as they possibly can from you, so that they can really<br \/>\nscrew you over, [laughs] for lack of a better term.<br \/>\nScott: I live by a needle board, and Needle has got that on his website,<br \/>\n&quot;Don&apos;t ever listen to\u2026 I am from the government, I am here to<br \/>\nhelp.&quot; That&apos;s our government. It creates problems, so they can<br \/>\nsolve them.<br \/>\nAll right. My guest tonight is Darrin Mish. If you need to go to<br \/>\nhis website it is getirshelp.com\/blog\/. His number: 888-438-6474.<br \/>\nNext question. I am curious about what happens if a person has no<br \/>\nmoney and no way to pay the IRS. What will happen to them?<br \/>\nDarrin: Well, that is one of those dichotomies. I mean that is actually a<br \/>\ngood situation, where you owe more than you can afford to pay, and<br \/>\nyou have no ability to pay them back. A bad situation is you feel<br \/>\nlike you owe them more than you can afford to pay, but you have<br \/>\nlots of stuff that you can liquidate and pay them back \u2013 if that<br \/>\nmakes sense.<br \/>\nSo, the person who has no money or very little ability to pay is<br \/>\nreally actually in pretty good shape. We should have talked about<br \/>\nthis way back when, when we first started the interview, but there<br \/>\nis basically five ways to solve an IRS problem.<br \/>\nNow, we talked with Ann real briefly, and we talked about an<br \/>\ninstallment agreement, that is a payment plan. But, if this person<br \/>\nhas no money and no ability to pay, then that is not going to be a<br \/>\nlikely scenario for them.<br \/>\nThe next thing is something called an &quot;Offer in Compromise.&quot; That<br \/>\nis where we talked about with the gentleman that was in the coma.<br \/>\nAn Offer in Compromise is where you can make a deal to settle for<br \/>\nless. It is based upon your ability to pay. So, someone with very<br \/>\nlittle money and very little ability to pay is most likely a pretty<br \/>\ngood Offer in Compromise candidate.<br \/>\nThe third option we talked about real briefly was &quot;Currently Not<br \/>\nCollectible Status.&quot; Now, the neat thing about Currently Not<br \/>\nCollectible Status is the IRS will typically place the taxpayer in<br \/>\nthat status for a year or two at a time.<br \/>\nNow, that leads me to the fourth solution that we didn&apos;t talk<br \/>\nabout, and this is really juicy, Scott, did you know that there&apos;s a<br \/>\ncollections, there&apos;s a statute of limitations for the collections<br \/>\nof tax, and what that means in English is, the IRS only has so many<br \/>\nyears to get the money! That happens to be 10 years from the date<br \/>\nof the assessment of the tax.<br \/>\nSo, if you were, if you had say a 2002 tax liability, and we&apos;re now<br \/>\nin 2010, and we were able to put you in Currently Not Collectible<br \/>\nStatus, that means that at the end of two years or so, the IRS will<br \/>\nno longer be able to collect that money, because of the statute of<br \/>\nlimitations. So, there&apos;s a scenario where someone with very little<br \/>\nmoney and very little ability to pay, could actually be in really<br \/>\ngood shape.<br \/>\nThe last solution is something that is really rare, a lot of people<br \/>\ndon&apos;t know this, including about 90 percent of bankruptcy lawyers<br \/>\nand that is that taxes, income taxes in certain circumstances, can<br \/>\nbe discharged in personal bankruptcy. Unbelievable, isn&apos;t it!<br \/>\nScott: Yeah.<br \/>\nDarrin: There&apos;s actually three rules and I&apos;m going to go over them real<br \/>\nfast, and I don&apos;t really expect anybody to understand, but in a<br \/>\nnutshell, the tax returns have to have been due for at least three<br \/>\nyears. If those tax returns were filed late, they have to have been<br \/>\nfiled for at least two years, and the taxes have to have been<br \/>\nassessed for at least 240 days. So, what that means is, that you<br \/>\nneed a tax pro like myself to make those calculations.<br \/>\nSo, what we typically do in that scenario is, we obtain the records<br \/>\nunder the Freedom of Information Act request, and I know which<br \/>\ndates matter, we put that into some fancy software, and it will<br \/>\nspit out the dates that you can actually file bankruptcy and<br \/>\nactually have your taxes discharged.<br \/>\nNow, there&apos;s lots of variables, and there&apos;s lots of exceptions, but<br \/>\nthere&apos;s another example of how someone with very little money, and<br \/>\nvery little ability to pay; we just went over about four different<br \/>\noptions that might be open to that person.<br \/>\nScott: You know it&apos;s funny, because I interviewed, when I was doing a lot<br \/>\nof radio here in L.A., I interviewed a tax attorney, he came on my<br \/>\nshow one day, he was actually doing debts and stuff, he never,<br \/>\never, said anything about this, and I asked him, and of all things,<br \/>\nhe never mentioned that number five on the list, or number four, as<br \/>\nfar as statute of limitations.<br \/>\nDarrin: [chuckle] You know there are secrets in this business, and a lot of<br \/>\nguys in this industry like to think that they can keep those things<br \/>\nsecret from the public. Now, I&apos;m the opposite, there&apos;s no way that<br \/>\nI could actually handle every case in the United States. So I want<br \/>\nto get this information out, so that people can stop suffering.<br \/>\nScott: Oh yes.<br \/>\nDarrin: Because that&apos;s really what the name of the game is, is that most<br \/>\npeople with tax problems are suffering mentally and emotionally,<br \/>\ntheir relationships are suffering, they&apos;re having anxiety problems,<br \/>\nand it just never goes away.<br \/>\nScott: No, and since I have to do a lot of suicide counseling, not<br \/>\ncounseling because I&apos;m not a counselor, but coaching or just<br \/>\nhandholding basically, and hugging, some of the suicides come from<br \/>\njust the stress of what the government has done to this individual.<br \/>\nI know one guy in North Carolina, his wife pleaded for six years to<br \/>\nget this case heard, they said he owed $100,000, he really didn&apos;t<br \/>\nknow anything but nobody would listen. He eventually killed himself<br \/>\nand two months later the IRS forgave the debt.<br \/>\nDarrin: Yeah, so the moral of that story is, it&apos;s never as bad as you<br \/>\nactually\u2026<br \/>\nScott: No.<br \/>\nDarrin: \u2026 think it is.<br \/>\nScott: No, and I wish I could have talked to the individual because it<br \/>\ncomes back to any behavior, take the emotion out of it, look at the<br \/>\nvariables, there&apos;s always a way to solve a problem. If you can<br \/>\n[inaudible 0:47:09] just talk to them.<br \/>\nAnd that leads me up to my next question, you just answered one<br \/>\nabout the government. All right. Since I know you&apos;ve dealt with<br \/>\nthousands of individuals in the past, which I&apos;m sure you have,<br \/>\nwhat&apos;s the best advice a person dealing with the IRS, and want to<br \/>\nreduce the stress and sleepless nights they&apos;re experiencing, what<br \/>\ncan they do? You know they call you. Take me from there. What can<br \/>\nthey do?<br \/>\nDarrin: Well, they just need to recharge and get some help from somebody<br \/>\nwho has been there and been through this situation hundreds if not<br \/>\nthousands of time. I have seen virtually everything that can go<br \/>\nwrong in a tax case and clients, for the most part, have all come<br \/>\nout far better than they came in.<br \/>\nSo, that&apos;s the number one thing is get some help. Again, if you<br \/>\ndon&apos;t feel like you can afford help or it&apos;s not feasible or you are<br \/>\nnot ready, then go out onto the Internet and do some searching and<br \/>\nget educated. Because education in this niche is really going to<br \/>\nset you free. You are going to understand what the IRS can and<br \/>\ncan&apos;t do. That should reduce your anxiety some.<br \/>\nBut, the best thing to do is just be proactive and deal with the<br \/>\nsituation. The situation is never as bad as you think it is. Let me<br \/>\ntell you a short story. I know we are running out of time.<br \/>\nI had a gentlemen come in to my office one time and he sat down. He<br \/>\nthought he owed $80,000.<br \/>\nI asked him, &quot;Why do you think you owe $80,000? Do you have a bill<br \/>\nfrom the government?&quot;<br \/>\nHe said, &quot;No. I haven&apos;t filed, as a matter of fact, but I just know<br \/>\nI am going to owe $80,000.&quot;<br \/>\n&quot;Why do you think that?&quot;<br \/>\n&quot;Well, I am self employed and haven&apos;t filed for five years.&quot;<br \/>\n&quot;OK. Well, do you have books and records?&quot;<br \/>\n&quot;Yes, I do.&quot;<br \/>\nLong story short, this guy had been putting this off for five<br \/>\nyears. He was trembling when he came into my office. Long story<br \/>\nshort, we prepared and filed the returns. He owed $5000.<br \/>\nI am not saying that&apos;s going to happen in every case, but that&apos;s a<br \/>\nreal life true case. This guy suffered for five years under this<br \/>\nmisperception that he owed $80,000.<br \/>\nScott: So just be proactive. It saves a lot of stress. You are either on<br \/>\noffense or defense. I was a former basketball coach. I like being<br \/>\non offense more. That means I am scoring.<br \/>\nDarrin: [laughs] Yeah, absolutely, and you have more control.<br \/>\nScott: That&apos;s right. Let me get back to Ann. Ann is new in her business.<br \/>\nRight now what should she do? Go ahead and do the 1040EZ and get<br \/>\ngoing and paying her taxes.<br \/>\nDarrin: Because she is self-employed she cannot do a 1040EZ. She has to do<br \/>\nthe 1040 long form with what&apos;s called Schedule C like Charlie and a<br \/>\nSchedule SE like self-employment.<br \/>\nNow, actually, we do prepare returns here, so you can give us a<br \/>\ncall and we can help you prepare the return, but that&apos;s really what<br \/>\nyou need to do is use the form 1040, the Schedule C and the<br \/>\nSchedule SE. Then once she has a better idea of what she is going<br \/>\nto owe, then that&apos;s going to dictate what her next step is.<br \/>\nScott: OK, all right. Folks let me give you Darrin&apos;s website one more<br \/>\ntime. We got about two minutes left in this show. It is<br \/>\ngetirshelp.com\/blog\/. His number is 888-438-6474.<br \/>\nIf could say one thing \u2013 we got about 30 seconds before I got to<br \/>\nlet you go.<br \/>\nWhat would you tell people right now, somebody that is at home<br \/>\nhiding under their mattress afraid of the future and what the IRS<br \/>\ncan do, what would you tell them?<br \/>\nDarrin: There is definitely hope. There&apos;s all these programs. We talked<br \/>\nabout five different possible solutions in this one hypothetical<br \/>\ncase. There are actually many more possible solutions that we<br \/>\ndidn&apos;t have time to talk about. You just need to be proactive and<br \/>\nyou need to go out and seek some help.<br \/>\nScott: All right, folks, don&apos;t forget Darrin is also in the book &quot;Power<br \/>\nPrinciples for Success.&quot; That book will be out in July. I am also<br \/>\nin that one. I wrote a chapter on &quot;Always see the finish line.&quot;<br \/>\nDarrin is a friend of mine. I respect him. I just don&apos;t have<br \/>\nbuddies on my show. Let me make sure you understand this. I only<br \/>\nhave the experts on my show.<br \/>\nNow, Darrin, I have got one more question I forgot to ask and this<br \/>\nalways comes up to me when people talk to me. Can you help people<br \/>\nin other states outside of Florida?<br \/>\nDarrin: As a matter of fact we can. We represent clients in all 30 states<br \/>\nand on every continent except for Antarctica. We are still working<br \/>\non that one.<br \/>\nScott I wanted to tell you too, I have two more books that are<br \/>\ngoing to be coming out before the end of this summer. One&apos;s title<br \/>\nis &quot;The IRS Battle Guide&quot; and that will literally take you step by<br \/>\nstep through just about any IRS problem you could possibly have and<br \/>\nthe other one is entitled &quot;Insider Secrets to Solving IRS<br \/>\nProblems.&quot; Those should both be available on Amazon.com, say around<br \/>\nJuly.<br \/>\nScott: Cool! Man, I can&apos;t wait to read those. I am sure he is going to<br \/>\nsend me a signed copy folks.<br \/>\n[laughter]<br \/>\nScott: Actually, I&apos;ve got to send you copies of mine.<br \/>\nDarrin, thank you so much for being on the show tonight. This has<br \/>\nbeen one of the best shows I have ever done because it&apos;s probably<br \/>\none of the most useful shows I have ever had. Thank you so much and<br \/>\ndon&apos;t worry I am going to have you back in probably three or four<br \/>\nmonths.<br \/>\nDarrin: Fantastic, Scott. I really appreciate it. I had lot of fun.<br \/>\nScott: All right, take care.<br \/>\nDarrin: All right. Bye-bye.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I hear from people every week who think their tax problem is the end of the world. It usually isn&#039;t. I&#039;m Darrin Mish. I&#039;ve resolved over $100 million in tax debt for clients. Here&#039;s what you should know. Scott Ferrall: All right, my guest tonight \u2013 let&#8217;s go ahead and get to that, because I&#8217;ve [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"rop_custom_images_group":[],"rop_custom_messages_group":[],"rop_publish_now":"initial","rop_publish_now_accounts":[],"rop_publish_now_history":[],"rop_publish_now_status":"pending","footnotes":""},"categories":[4],"tags":[595,144,596,126],"class_list":["post-17307","post","type-post","status-publish","format-standard","hentry","category-irs-help","tag-irs-installment-agreements","tag-irs-levy","tag-irs-wage-garnishment-library","tag-offer-in-compromise"],"_links":{"self":[{"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/posts\/17307","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/comments?post=17307"}],"version-history":[{"count":2,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/posts\/17307\/revisions"}],"predecessor-version":[{"id":21681,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/posts\/17307\/revisions\/21681"}],"wp:attachment":[{"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/media?parent=17307"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/categories?post=17307"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/getirshelp.com\/blog\/wp-json\/wp\/v2\/tags?post=17307"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}