Why not file a $0 return. Fill it out truthfully. Mail it. Get proof of delivery. You may need to prove that you filed for other reasons. The act of filing covers a lot of bases that an affidavit may fall short on. What if the bankruptcy filing is delayed, or what if you do a chapter 20 later on ? A question may arise "did they file ALL their returns for the last 5 - 10 years? Why have a missing spoke with an odd sized, open and perhaps ambiguous patch (Affidavit)?
Facts indicate some gaps in a showing of exactly what happened.
1. Did you print the complete return? Did it have all the schedules? Did you put a cover letter with it stating what was in the package? Did you sign the signing page you sent in?
2. On the return at the bottom, did it say that it was prepared by someone? Did it have the preparers name and ptin?
3. Your #6 indicates that the IRS lost pages from the return; and that it was their error that the return was not complete....
Burden of going forward and of persuasion is on the prosecution, however, they must prove you were operating the vehicle beyond a reasonable doubt.
You know who the driver was, why not subpoena him? He has to come. He may take the 5th, but that might help you also..
Main thing is to not cave, to hire a local DUI attorney, don't chince out, and take this down the line. Many people had rather save their wallet and take the rap. Dont do it. Do the full monty on investigation and bring...
If this has not happened often or more than beyond recently, then the damages may be small. If they are small, it may be time to shore up your contractual relationships with everyone, especially in light of the IRS attack on independent contractors. If the band members are really employee like, and you have them playing all the time, maybe they should be employees.
If they are fungible, you should have arms length contracts with them that obligate them to play any venue established by you...
Yes, not the least of which reason is that they are institutional and IRS generally works with semi-governmental and governmental creditrs. The key is to create a withholding level that will yield positive but nearly zero refunds every year because (1) they can be seized, and (2) you don't get interest on money that the government holds before the tax return due date.
Please remember to designate your question's BEST ANSWER.
Don't know all the facts. Possibles are:
1. Convert chapter 7 to 11 and see if its viable.
2. If business is not capital equipment heavy, why not start another one after your fresh start?
3. Choice? In a business 11, vendors who provide new value are protected. An 11 is expensive though.
4. You also seemed to hint that others were interrelated and I can't tell if continuing business would impact you as to them.
There are A LOT of things to consider. Is the business one that...
"and signed on the dotted line" = This is the key to this caper. Once you sign, you are swearing that what you signed is true. Its like signing a confession without looking at it -- never a good idea.
IRS is fixing this by requiring all return preparers to be registered and receive education by 2013. No more hole-in-the-wall preparers who sign their name to the return without a PTIN #..
Further, when it comes to the IRS, even intervening bad acts don't excuse the tax. Payroll...