As an employer, you act as a fiduciary withholding money from your employee’s paychecks and depositing the money with the IRS.  It’s not your money, so the IRS takes employment tax problems very seriously.  The IRS can assess a special penalty and hold you personally responsible for not depositing employment taxes. You can avoid the penalty if you can demonstrate reasonable cause not caused by willful neglect. 

Because of the seriousness of employment taxes problems, all employers should take immediate action if they fall behind on depositing employment withholdings.   Do not ignore the IRS!

Charles O’Byrne, Chief of Staff to New York Governor David Paterson, failed to pay or file his personal tax returns for 2001 – 2005.  He owed nearly $300,000 in back taxes, penalties, and interest.

The reason?  According to his lawyer, Richard S. Kestenbaum, he has “late-filing syndrome” (also called called nonfiling syndrome or failure-to-file syndrome).  This disorder, however, is not recognized as a psychiatric condition according to the American Psychiatric Association.

So, if you suffer from late-filing syndrome and have failed to file your tax returns or pay taxes we can help.  We can help reduce penalties and interest, stop wage garnishments and bank levies, and possibly reduce the underlying tax liability. Unfortunately, a psychiatrist probably can’t. 

Here is a breakdown of Mr. O’Byrne’s tax liability.  As you can see, everyone is human and makes mistakes.

FEDERAL TAXES

$127,018 in back taxes

$50,836 in penalties

$34,005 in interest

STATE TAXES

$51,303 in back taxes

$16,711 in penalties

$12,905 in interest

Please call us for a free consultation if you think we can help (303) 952-5064 or info@robinsonandhenry.com

Bill Henry