Margaret Fuller3 360x1000
6albion
lifeinmiddlemarch2
Storyparadox1
George F Wil...360x1000
1defense
6confidencegames
Mark V Holmes 360x1000
3theleastofus
Brendan Beehan 360x1000
9albion
Betty Friedan 360x1000
2theleastofus
storyparadox3
2lafayette
3defense
Thomas Piketty1 360x1000
2jesusandjohnwayne
8albion'
Anthony McCann2 360x1000
1trap
1madoff
George M Cohan and Lerarned Hand 360x1000
2albion
5albion
Tad Friend 360x1000
3paradise
2gucci
7albion
2paradise
Edmund Burke 360x1000
Mary Ann Evans 360x1000
1albion
lifeinmiddlemarch1
13albion
1lauber
3confidencegames
1confidencegames
1transcendentalist
Thomas Piketty3 360x1000
LillianFaderman
storyparadox2
2falsewitness
Margaret Fuller1 360x1000
Samuel Johnson 360x1000
1lafayette
Ruth Bader Ginsburg 360x1000
4albion
Lafayette and Jefferson 360x1000
1paradide
1gucci
5confidencegames
12albion
Anthony McCann1 360x1000
AlexRosenberg
1empireofpain
Margaret Fuller4 360x1000
Maurice B Foley 360x1000
Susie King Taylor2 360x1000
11632
Stormy Daniels 360x1000
4confidencegames
Richard Posner 360x1000
1jesusandjohnwayne
Susie King Taylor 360x1000
399
Office of Chief Counsel 360x1000
2transadentilist
10abion
2defense
Margaret Fuller 360x1000
James Gould Cozzens 360x1000
Adam Gopnik 360x1000
299
3albion
Margaret Fuller5 360x1000
1theleasofus
Margaret Fuller 2 360x1000
Learned Hand 360x1000
Maria Popova 360x1000
2trap
199
2lookingforthegoodwar
1lookingforthegoodwar
499
11albion
2confidencegames
7confidencegames
1falsewitness
14albion
Gilgamesh 360x1000
Thomas Piketty2 360x1000
Spottswood William Robinson 360x1000
Margaret Fuller2 360x1000

One of the favorite sayings of my first managing partner the late Herb Cohan was “I’d rather owe it to you than cheat you out of it.” To be honest, like some of the other sayings, it was never clear exactly what it meant.  Nonetheless, I think it sums up pretty well a tax strategy that is becoming more viable every year.  File a timely accurate return and just don’t pay.  Wait ten years and celebrate when the statute of limitation on collections runs out.

The Big Picture

In a piece last month – IRS Collections Appears To Be Broken –  I went over some of the numbers that indicate this strategy is a thing.  Most notably in the fiscal year ended September 30, 2019 the IRS wrote off $34.2 billion because of the ten year statute. That is more than double the $14.6 billion IRS wrote off in the 2010 fiscal year.  Keep in mind that this is assessed tax, interest and penalties.  It has nothing to do with taxes that were avoided by not filing or engaging in shenanigans on the return.

Although I have some reports from people who have the 10 year statute work for them, I have not, until this month, heard from somebody who plans on it.  He insisted that I protect his identity, so I am going to call them Henry, which I will explain later.  Henry is not his or her real name, unless it is.


This article is available on Think Outside The Tax Box. 

Think Outside the Tax Box