Employment Taxes and the Trust Fund Recovery Penalty 2.5 Credits
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The Trust Fund Recovery Penalty (TFRP) concept highlights the government's approach to holding responsible individuals accountable for unpaid payroll taxes, similar to the phrase "Robbing Peter to Pay Paul."
The Christian Peter and Paul were two peas in a pod in medieval England. They were both apostles, and both martyred in Rome. They even shared the same feast day (June 29). So, the idea behind the phrase is that the victim and payee are similar in wisdom and stature (to borrow a word). Similarly, the Trust Fund Recovery Penalty (TFRP) targets individuals who divert trust fund taxes to keep a business afloat. It's like using a cash advance from one credit card to pay off another with a similar interest rate.
This CE Course will cover the basics of Form 941 taxes. Form 941 taxes represent the amount of money an employer must withhold from his or her employees’ wages for remittance to the IRS. This includes social security, Medicare, and income taxes. We'll then discuss the Trust Fund Recovery Penalty. To encourage prompt payment of withheld income and employment taxes, including social security taxes, railroad retirement taxes, or collected excise taxes, Congress passed a law that provides for the Trust Fund Recovery Penalty (TFRP). Sec. 6672(a) imposes a penalty on any person who is “responsible” for paying payroll taxes and “willfully” fails to do so.
Key topics discussed:
Join this CE Course, we'll delve into the situations in which the TFRP arises, cover the procedures surrounding it, the defenses, how easy it is for the IRS to prove a case, what happens if your client loses, how the IRS applies for TFRP payments, and "tattle tailing" on others.
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Michael is a trial lawyer. He graduated Cum Laude from The Thomas M. Cooley Law School and Summa Cum Laude from the Thomas Jefferson School of Law with his Masters of Law in Taxation. Michael is known for his charismatic personality and his unyielding dedication to his clients.
Michael spent the first five years of his legal career as a public defender in the NJ Office of the Public Defender cutting his teeth on some of the most serious felony cases to pass through the state courts of New Jersey. He then joined his father's law practice, DeBlis Law, expanding the practice into civil tax controversies and international tax compliance.
As a graduate of the National Criminal Defense College, Michael has trained under some of the best-known criminal defense attorneys in the country. That experience has taught him that justice for a person accused of a crime is only won through a full understanding of the client and the case.
To that end, Michael attempts to understand each client’s case as a convincing narrative, not just as a set of innocuous facts and arcane legal rules.
When he's not in the courtroom, you can find Michael on stage. He is a professionally-trained actor who has performed in off-Broadway productions and on-stage at Shakespeare in the Park. Michael's passionate about helping trial lawyers harness the power of persuasion and positive communication in the courtroom in order to connect to the jury on a human level.
Michael's training as an actor allows him to combine a unique blend of left-brain thinking with right brain artistry to make even the most dull and abstract areas of the law come to life.
Michael is a prolific writer and a passionate blogger. He has written articles that have been featured in leading tax journals and "Law 360."
Michael is a living example of the tremendous power that comes from combining passion, preparation, persuasion, and positive communication in the courtroom. His courage and relentless work ethic have earned him a reputation as a zealous advocate and one of New Jersey’s rising stars of the legal profession.
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