Tax Lien

[Radia]

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Ex has a lien on his taxes for Child Support arrears. Since he started being behind on his Support, he has not filed Taxes with the IRS because of this lien.

He has not filed taxes since 2001, and is currently 10,000 behind on support.

His wife files her taxes and claims their son on hers but he does nothing.

Is he committing tax fraud, or because he is probably due a refund (that he would never see) is he free and clear on that...

Im looking for Federal Non Support charges under the Child Support Recovery Act, and would like to know if this constitutes:

"when the failure to make child support payments has a nexus to other potential federal charges, such as bankruptcy fraud (i.e. concealing assets), bank fraud (i.e. false statements to a bank), federal income tax charges (i.e. false statement or tax evasion) or other related criminal conduct. "

under this act?

Is filing taxes a known duty? Is it tax evasion if he is due a refund?

Thanks.

[skier_j]

all legal not tax issues

contact a lawyer

[Radia]

Originally Posted by skier_j

all legal not tax issues

contact a lawyer

My question is, is it tax evasion to fail to file your taxes.

Im not asking for legal advice. I am pro se in my case, and though I can spend all day in the law library and find out local state laws and statutes, and some federal laws, I cannot research tax information there...

This is a relevant TAX question.

[skier_j]

google is your friend, use it


http://www.enotes.com/everyday-law-e...g-file-returns

I have no idea if it is right or not....I'm not a lawyer

[skier_j]

I can't tell you if it is tax evasion to not file.
I can tell you that if you file and omit income soruces, OR overstate deductions, that COULD be construed as evasion.
I can tell you what the penalty is for failing to file and for underpaying....
I can't tell you how evasion is measured

based on what I think I read in the descripption, EX is a wage earner and his current wife files tax returns but he does not.

If that is an accruate assessment and all his wages are subject to withholding, then he may or may not even have a penalty.....since many of the penalty provisions are base on dollars OWED on return. Some are indeed based on lateness.

That was not your question tho----

do you see my delimma??? this really is a legal question not a tax question.

My suggestions would include contacting the state child support enforcement folks....probably the Dept of Revenue...I would hope this is NOT fresh news tho, your lawyer should be on top of this for you....Oh wait! no lawyer!

You could also turn the dude into IRS I suppose, let them hammer him for failing to file....I'm sure that would generate some vicarious thrills....

[Skyhawk]

Failure to file is a misdemeanor. Failure to file with the intent to evade taxes is a felony. If the person in question would be due a refund if he filed it would be impossible (or impracticable) to convict him of a crime as there would be no harm to the government. I would think that he is in contempt of the court that issued the child support order. Maybe you can get a court order to force him to file for the refunds that are not beyond the statute of limitations.