I received a letter in mail by the IRS saying that they are examining/auditing my 2004 taxes for employee business expenses. I was a team truck driver with husband 2000-2005. We filed in 2005,I had a nervous breakdown on the road and I separated from him in April 05 & filed for divorce.Divorced in Dec.05. Since he didnt want nothing to do with the taxes, I filed married/separately and sent them in after 4-15-05. I ended up owing the IRS plus with late penalties. He hasnt done his 04,05,06,07 taxes & still driving for the trucking company. We did not own our own truck. I dont have any of my logs or receipts for meals ect. which the IRS wants copies of. I called the trucking company to get copies of my 2004 logs but they told me they only keep logs up to 6 months. I thought they have to keep those for 7 yrs or so ?? I am on SSDI as of Aug.06 and still am on it. I live in low income housing, have a 1996 tracker with high mileage. Can the IRS take my SSDI check each month ? Or what will they do to me ??
I just got off the phone with the NCDOt Motor Carrier Division, and according to federal law the trucking companies only have to keep the drivers logs for a period of 5 months. which is exactly what you were told.
What you would have to do is reconstruct the log books by purchasing blanks and filling in the lines at the best of your ability otherwise they will probably disallow the deduction.
As far as the other items that you claimed on your tax return, they will also be disallowed and you would owe the tax for that also. Thay are allowed to go back up to 3 year}s that the tax return filed is due, of which this return was due by April 15, 2005 and you will have to pay all the taxes owed that they calculate.
But when it comes to your situation, do not be afraid of speaking with them, DO NOT IGNORE IT. If that is what the senario is, then that is what it will be.
Explain the situation that your in and it will probably be graded as Uncollectable due to your current status. and THEY CAN IF YOU DO NOT TALK TO THEM OR GO DOWN TO YOUR LOCAL OFFICE, take a protion of your income. If it is state funded, then the goverment cannot attach it, if is is Social Security Disibility Income, I do not think they would attache it. but there are no guarantees. GET AHOLD OF A ENROLLED AGENT, OR CPA WHO WILL NOT RIP YOU OFF IN $$$$. Find out what they would charge, and explain it to them. and see what they say, normally the first visit is Free.
As far as your X is concerned you can send in a Referral Information Form It is Federal form 3949-A and you can download it from the IRS Web Site at
Internal Revenue Service. Fill it out and where the little boxes are in the middle of the form, put an X wher it states :
Unreported income
Failure to file a tax return
Failure to Pay taxes.
He should of recieved 1099-Misc's from the trucking co. and they have them on file,
What would happen is this, If you know your X's SSN you enter it on the form, then they will check the 1099 records, and see if there are any, I they find them on file they inreturn will make up tax return for the years he has not filed and he will owe any tax that is due plus penalty and interest added without deduction. that way he will have to file returns for those years. if he wants but if he does not choose to file then they will eventually go after any assets the he has to collect the tax owed, like putting a judgement on his settlements. to pay the taxes owed.
If you have any other question please do not hesitate to ask,
Franklin Katz, ATP, PA
Frank's Tax & Business Service
120 York Rd
Kings Mountain, NC 28086
704-739-4039
Circular 230 Disclaimer – Any tax advice in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax related penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or tax-related matters addressed herein.
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