Digest Number 3109; suit to reduce to judgment

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Joined: Sun Oct 18, 2020 11:38 pm


I assume you're talking about the suit to reduce to judgment.
There are definite guidelines on this, though I don't recall what
theywere, and they change. The lower limit on tax debt for this is
probably in the low five figures. The US Attorney won't do this unless
there is a lengthy history of nonpayment. In your case, the facts of tax
protestor and doctor would definitely get the US Attorney's interest.
- John D. Faucher
818/889-8080
On 10/29/12 2:13 PM, Gerald McNally wrote:
>
> Appears there are US Attorney prosecution guidelines.
>
> My experience is with one case. Doctor owed $330k, $250k of which was
> payroll taxes for a manufacturing business unrelated to his medical
> practice. Three factors I believe were relevant: (1) payroll tax was
> ¾ of the debt; (2) he was somewhat of a “tax protester” and (3) he was
> a doctor.
>
> Gerry
>
> McNally Bus Card Smaller
>
> Gerald McNally
>
> McNally & Associates, P.C.
>
> 517 East Wilson Ave., Ste 104
>
> Glendale, CA 91206
>
> 818.507.5100
>
> Fax: 818.507.5001
>
> Notice to Recipient: This email is meant for only the intended
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> *IRS Circular 230 Disclosure: In order to comply with the
> requirements imposed by the Internal Revenue Service, we inform you
> that any U.S. tax advice contained in this communication (including
> any attachments) is not intended to be used, and cannot be used, for
> the purpose of (i) avoiding penalties under the Internal Revenue code
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed herein.*
>
> *From:*cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* 10/28/2012 4:04 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Digest Number 3109
>
> *Yahoo! Groups
> *
>
> *cdcbaa Group
> *
>
>
> 4 New Messages
>
> *Digest #3109 *
>
> *1a *
>
> *referral **by "Sujin Kim" hopelawgroup ***
>
> *1b *
>
> *Re: referral **by "Giovanni Orantes" gioorantes ***
>
> *2.1 *
>
> *Re: Chapter 13 IRS secured tax lien **by "Dennis" easky1 ***
>
> *2.2 *
>
> *Re: Chapter 13 IRS secured tax lien **by "John D. Faucher"
> j.d.faucher@sbcglobal.net ***
>
>
> Messages
>
>
> 1a
>
>
> referral
>
>
>
> Sat Oct 27, 2012 6:31 pm (PDT) . Posted by:
>
>
> "Sujin Kim" hopelawgroup
>
>
> Does anyone know of a good bk attorney in the San Jose area? Consumer
> chapter 7.
>
> Reply to sender
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> *.
> *Top ^
>
>
> 1b
>
>
> Re: referral
>
>
>
> Sat Oct 27, 2012 9:05 pm (PDT) . Posted by:
>
>
> "Giovanni Orantes" gioorantes
>
>
> Sujin:
>
> We handle cases in that area, though the petition is prepared from here.
>
> Sent from my iPhone
>
> On Oct 27, 2012, at 6:31 PM, Sujin Kim > wrote:
>
> >
> > Does anyone know of a good bk attorney in the San Jose area?
> Consumer chapter 7.
> >
>
> Reply to sender *.
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>
>
> 2.1
>
>
> Re: Chapter 13 IRS secured tax lien
>
>
>
> Sat Oct 27, 2012 7:11 pm (PDT) . Posted by:
>
>
> "Dennis" easky1
>
>
> How often have you seen these suits file? I've never seen one.
>
> So aren't they, really, dead after 10 years?
>
> d
>
> Sent from my iPhone
>
> On Oct 26, 2012, at 4:51 PM, "John D. Faucher "
> wrote:
>
> > True. Extension of the CSED (collection statute expiration date) can
> only occur with a suit to reduce to judgment, generally filed at least
> six months before the end of the statutory period by the asst US atty.
> CSED tolls with a bankruptcy.
> > - John D. Faucher
> > 818/889-8080
> >
> >
> > On 10/26/12 11:59 AM, Gerald McNally wrote:
> >> But without an extension of the 10-year CSED, the tax lien can’t be
> refilled absent a suit in District Court once the 10 years is up. And
> the IRS must get the U.S. Attorney’s Office to file the suit.
> >>
> >>
> >>
> >> Gerry McNally
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >> Gerald McNally
> >>
> >> McNally & Associates, P.C.
> >>
> >> 517 East Wilson Ave., Ste 104
> >>
> >> Glendale, CA 91206
> >>
> >> 818.507.5100
> >>
> >> Fax: 818.507.5001
> >>
> >>
> >>
> >> Notice to Recipient: This email is meant for only the intended
> recipient of the transmission and may be a communication privileged by
> law. If you received this email in error, and review, use,
> dissemination, distribution or copying of this email is strictly
> prohibited. Please notify us immediately of the error by return email
> and please delete this message and any and all duplicates of this
> message from your system. Thank you in advance for your cooperation.
> >>
> >>
> >>
> >> IRS Circular 230 Disclosure: In order to comply with the
> requirements imposed by the Internal Revenue Service, we inform you
> that any U.S. tax advice contained in this communication (including
> any attachments) is not intended to be used, and cannot be used, for
> the purpose of (i) avoiding penalties under the Internal Revenue code
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed herein.
> >>
> >>
> >>
> >
>
> Reply to sender
> *.
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> *Top ^
>
>
> 2.2
>
>
> Re: Chapter 13 IRS secured tax lien
>
>
>
> Sat Oct 27, 2012 10:10 pm (PDT) . Posted by:
>
>
> "John D. Faucher" j.d.faucher@sbcglobal.net
>
>
> Relatively rare. I did two referrals in 10 years;at least one
> resultedin a lawsuit, I don't recall the other. You need pretty
> egregious facts, a lot of history of the debtor trying to evade the
> IRS's actions. The US Attorney's Office makes it clear that it doesn't
> like these.
>
> - John D. Faucher
> 818/889-8080
>
> On 10/27/12 7:11 PM, Dennis wrote:
> > How often have you seen these suits file? I've never seen one.
> >
> > So aren't they, really, dead after 10 years?
> >
> > d
> >
> > Sent from my iPhone
> >
> > On Oct 26, 2012, at 4:51 PM, "John D. Faucher "
> > >> wrote:
> >
> >> True. Extension of the CSED (collection statute expiration date) can
> >> only occur with a suit to reduce to judgment, generally filed at
> >> least six months before the end of the statutory period by the asst
> >> US atty. CSED tolls with a bankruptcy.
> >> - John D. Faucher
> >> 818/889-8080
> >>
> >>
> >> On 10/26/12 11:59 AM, Gerald McNally wrote:
> >>>
> >>> But without an extension of the 10-year CSED, the tax lien can’t be
> >>> refilled absent a suit in District Court once the 10 years is up.
> >>> And the IRS must get the U.S. Attorney’s Office to file the suit.
> >>>
> >>> Gerry McNally
> >>>
> >>>
> >>>
> >>> Gerald McNally
> >>>
> >>> McNally & Associates, P.C.
> >>>
> >>> 517 East Wilson Ave., Ste 104
> >>>
> >>> Glendale, CA 91206
> >>>
> >>> 818.507.5100
> >>>
> >>> Fax: 818.507.5001
> >>>
> >>> Notice to Recipient: This email is meant for only the intended
> >>> recipient of the transmission and may be a communication privileged
> >>> by law. If you received this email in error, and review, use,
> >>> dissemination, distribution or copying of this email is strictly
> >>> prohibited. Please notify us immediately of the error by return
> >>> email and please delete this message and any and all duplicates of
> >>> this message from your system. Thank you in advance for your
> >>> cooperation.
> >>>
> >>> *IRS Circular 230 Disclosure: In order to comply with the
> >>> requirements imposed by the Internal Revenue Service, we inform you
> >>> that any U.S. tax advice contained in this communication (including
> >>> any attachments) is not intended to be used, and cannot be used, for
> >>> the purpose of (i) avoiding penalties under the Internal Revenue
> >>> code or (ii) promoting, marketing or recommending to another party
> >>> any transaction or matter addressed herein.*
> >>>
> >>
> >
>
> Reply to sender
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