People often have tax problems. These usually arise in connection with unpaid income taxes or when owners of businesses fail to withhold income and Social Security taxes from the paychecks of their employees. The attorneys at Rosen, P.A. have significant exposure to the stringent requirements of the Bankruptcy Code for income tax debt to be discharged. Similarly, we have experience litigating issues of personal liability for trust fund taxes.
Palm Beach Lawyers Handling Discharge of Taxes in Bankruptcy
Our focus is on the severity of tax debts to determine if they are large enough that the failure to have them discharged would render the client no better off than he or she was before. The IRS is arguably the toughest debt collector in the country. The analysis must take into account the extent to which the IRS's claims may override Florida's exemption laws. Issues of the timing of the filing of a petition for relief can be critical.
We understand what must be considered to determine if tax debt can be discharged in a bankruptcy case. We also understand the effect a "tax bankruptcy" will have on the client's assets. We make all of our clients aware of the benefits and burdens of attempting to have their taxes discharged in a bankruptcy case. When the correct, informed decision is made by the client, we succeed.
There are occasions when individuals who were officers or directors of a company, or partners in a partnership, dispute their personal liability for unpaid trust fund taxes. This usually involves litigation of issues of "responsible person" liability. We are familiar with the body of relevant case law pertaining to when an individual is and is not responsible for a company's failure to withhold trust fund taxes and, therefore, whether or not such tax claims are dischargeable. We know not just from reading cases, but from experience litigating these issues in bankruptcy court.
Contact the Palm Beach Bankruptcy Attorneys of Rosen, P.A.
For efficient and effective solutions to even the most complex legal challenges, turn to Rosen, P.A. Our lawyers offer exceptional representation to businesses and individuals. Call 561-459-2613, toll free at 877-268-2933 or simply contact us online to schedule an initial consultation.