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Can You Beat The IRS By Waiting Out The Ten Year Statute?

Can You Beat The IRS By Waiting Out The Ten Year Statute?

I’m not ready to recommend just not paying as a valid tax strategy.  Remember for the ten-year statute to work for you, there has to be an assessment, which generally means you have to file.  On the other hand, if you have an old liability kicking around and you are not getting any mail, there is probably not much point in trying to be proactive about it.  If somebody calls you up and tells you you have to pay right away or you will be arrested, that is a scam.  I think at this point, there may be more scam IRS collection people than real ones.

From a policy viewpoint, it seems clear that collections should be seriously beefed up.  At this point, maybe Congress needs to make up a new agency and charge it with that duty so it can still punish the IRS without further eroding compliance. Remember Learned Hand’s words “taxes are enforced exactions”.  With no enforcement, they become voluntary contribution

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.