Help Back Taxes

Help Back Taxes

December 15, 2013 | Late Filed Returns

Examples of People Owing the IRS Money: Real-Life Stories and Solutions

Examples of People Owing the IRS Money: Real-Life Stories and Solutions

Owing the Internal Revenue Service (IRS) money is an issue faced by millions of Americans, as estimated by the IRS itself. With around 10 million taxpayers not filing their federal returns, tax debt and back taxes have become a national concern that can lead to severe consequences such as penalties, levies, criminal charges, and significant financial strain. Understanding real-life scenarios where individuals owed the IRS, and how they resolved their situation, offers valuable insight into the complexities of dealing with back tax returns and why proactive action is essential for anyone facing similar problems.

Why Do People Owe the IRS Money?

There are many reasons why taxpayers owe back taxes. Some cases are simply procrastination or misunderstanding the requirements for filing. Others may experience financial hardship, intimidation by the process, or outright avoidance due to inability to pay. Importantly, the IRS does not accept any excuse—whether the debt arose from error, forgetfulness, illness, or intentional evasion, the taxpayer is considered a “non-filer,” and enforcement measures will eventually follow.

What Happens When Taxes Go Unpaid?

Failing to file tax returns or pay taxes leads to escalating penalties and interest. The longer the tax remains unpaid, the higher the total amount will be. In severe cases, the IRS will file a substitute tax return on your behalf, which typically increases your liability because it ignores potential deductions, dependents, and credits. If the debt remains unsettled, enforcement may escalate with wage garnishments, bank account freezes, tax liens, and even criminal prosecution.

For some, the first alarm bell may be receiving IRS notices like the CP14 or Form 9297, which signal that the IRS has noticed missing returns or unpaid taxes. These instances require immediate action to avoid more punitive procedures.

Settling Back Taxes: The Process

The pathway to resolving back taxes generally starts with determining how many years you have missed filing returns. The next step is collecting all documents required to prepare these returns—bank statements, W-2s, 1099s, and other income records. Once filed, the exact amount owed can be established. From here, a taxpayer may pursue one or more resolutions:

  • Installment Agreements (Payment Plans): Negotiating a structured monthly payment schedule with the IRS.
  • Offer in Compromise: Applying to settle tax debt for less than the full amount owed, provided the taxpayer qualifies.
  • Non-Collectible Status: Demonstrating financial hardship so the IRS temporarily halts collection efforts.

Engaging a tax attorney is prudent for negotiating reductions, avoiding errors, and securing the most favorable arrangements.

Real-Life Story 1: The Business Owner Facing Massive Back Taxes

One client, a New York City business owner, failed to file state tax returns between 2000 and 2007, leading to an IRS federal tax liability of $1.2 million and a New York State liability of $75,000. With a current annual income of $110,000, she could afford payments of $1,000 per month. While a payment plan was possible, it would stretch over a decade or more and likely require periodic financial reviews by the IRS, potentially increasing her monthly payments.

The IRS offers “partial pay installment agreements,” but they are rarely ideal for the taxpayer or the government. A better solution in this scenario was an Offer in Compromise, which could settle her IRS debt more quickly and for less. Meanwhile, the criminal charges brought by New York State demanded regular, affordable payments to resolve the criminal case and avoid further punitive action.

Real-Life Story 2: The Ill Employee With High Withholding Deductions

Another client, an employee, claimed large withholding deductions, resulting in very little federal and state tax being withheld from her paycheck. Over time, she owed nearly $60,000, making about the same amount annually. Illness made her financial situation precarious. In this case, her legal representation argued and successfully convinced the IRS that she was “not collectible” due to her health and finances. The IRS suspended collection, allowing her to cover living expenses rather than pay the debt. Once her health improved, she began making payments and eventually submitted an Offer in Compromise to settle her tax liability.

Penalty and Interest: How Debt Can Multiply

A particularly striking example shared by tax attorneys involves a taxpayer who initially owed $3,000 per year but postponed action. After a few years, interest and penalties ballooned the debt to $30,000. This demonstrates how dangerous procrastination can be; the IRS is empowered to garnish wages, place liens on accounts and property, and escalate legal proceedings. Swift action helps minimize penalties and interest, and in some cases, refunds for past years may help lower the total owed.

Back Taxes: Frequently Asked Questions

  1. What are back taxes? Back taxes are taxes that were due but remain unpaid after their deadline. They arise from unfiled or underpaid tax returns.
  2. How many years of back taxes can you file? Generally, you can file returns for any past year, but the statute of limitations affects how long the IRS can collect or prosecute.
  3. Will back taxes be forgiven? Forgiveness is rare. The IRS offers settle options like the Offer in Compromise for qualifying taxpayers, but most must pay their debts eventually.
  4. What happens if you don’t pay your back taxes? Unsettled back taxes accrue additional penalties and interest. The IRS may conduct levies, garnishments, liens, or criminal prosecution.

Avoiding Legal Problems: Why Prompt Action Matters

Taxpayers facing back taxes should act swiftly. Filing past-due returns and negotiating with the IRS can often reduce the total amount owed. In some cases, if the correct returns are filed instead of IRS-generated substitute returns, legitimate deductions or credits can substantially decrease liability.

Even if you can’t pay the total amount immediately, the IRS is typically willing to negotiate reasonable monthly payments. All the IRS wants is evidence of commitment to resolving tax debts. Sometimes, acting quickly reveals that you owe far less than expected, or even that the IRS owes you a refund.

National Significance: You Are Not Alone

Back taxes are a widespread issue. The IRS estimates nearly $1 billion in uncollected taxes from non-filers each year if their average liability is just $100 each. That number shows why IRS enforcement is robust and sometimes aggressive. The IRS saw one individual’s $3,000 debt grow tenfold with interest and penalties, ultimately leading to wage garnishment, bank liens, and criminal charges in severe cases.

Strategic Help From a Tax Attorney

Resolving significant tax problems isn’t always straightforward. Tax laws are complex, and negotiations can be stressful, especially when facing enforcement actions. Attorneys like Timothy S. Hart specialize in:

  • Filing years’ worth of missing returns
  • Negotiating payment plans and Offers in Compromise
  • Responding to audits and enforcement actions
  • Reducing the amount owed through legal strategies

A tax attorney can make the process more efficient, help prevent errors, and represent you in negotiations with the IRS or state authorities.

Lessons Learned: Best Practices for Taxpayers

  • Act Immediately: The longer you wait to address back taxes, the greater your risk for penalties, interest, and escalated IRS action.
  • Gather Your Documents: Collect all income, banking, and deduction records for missing years.
  • Request Transcripts: The IRS will provide past W-2s, 1099s, and other documents to help.
  • File Past Returns: Even if you owe nothing, file every year. Filing can sometimes reveal you are entitled to a refund.
  • Negotiate Payment: Take advantage of IRS payment plans and settlement options.
  • Consider Legal Help: Professional advice often results in lower overall liability and better payment arrangements.
  • Monitor Your Mail: Respond quickly to IRS notices like CP14 or Form 9297.

How Qualified Professionals Make a Difference

Tax attorneys and CPAs are invaluable when resolving complex tax liabilities. They:

  • Understand IRS procedures and settlement programs
  • Know how to argue hardship and “non-collectible” status
  • Help prepare accurate returns to minimize liability
  • Negotiate for reduced payments, offers in compromise, or suspended collections

Their expertise ensures you receive maximum deductions, credits, and legal protections as you work toward a resolution.

Conclusion: Turning the Tide

Owing the IRS can seem overwhelming, especially with large liabilities or years of unfiled returns. But as the stories above illustrate, help is available. Timely action, professional guidance, and understanding your options—whether it’s a payment plan, Offer in Compromise, or a “non-collectible” hardship argument—can turn seemingly insurmountable tax problems into manageable situations.

Many clients who contact attorneys for help with back taxes find solutions that make a substantial difference in their lives. While enforcement is real and aggressive, there’s usually a feasible way forward. As the experts say—don’t wait, act sooner rather than later. With strategic help, both your financial future and peace of mind are within reach.

Attorney Timothy Hart

Timothy S Hart, the founding partner of the tax law firm of Timothy S. Hart Law Group, P.C. is both a New York Tax Lawyer & Certified Public Accountant. His area of expertise includes innovative solutions to solve your Internal Revenue Service and New York State tax problems, including tax settlements through the Federal and New York State offer in compromise programs, filing unfiled tax returns, voluntary disclosures, tax audits, and criminal investigations. [ Attorney Bio ]