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Video instructions and help with filling out and completing Trust fund recovery penalty tax court
The following are examples of folks that are likely be found responsible parties through case law a chief accountant and a controller that had unfettered access to the company's checking account who with knowledge of the payroll tax deficiencies continued to write checks to other creditors was found to be a responsible party the treasurer of a corporation who knew that the corporate officer responsible for paying payroll taxes wasn't doing it was found to be a responsible party an officer of corporation who delegated his duties to a general manager was found to be a responsible party an individual within a company who had final authority as to which checks got paid but delegated the actual cutting and signing of checks to subordinates was found to be a responsible party a business owners spouse who was the company's bookkeeper and had responsibility for writing all checks was found to be a responsible party the following are examples from case law where someone was not found a responsible party a company secretary and assistant treasurer who however was not a corporate officer was not responsible for payroll taxes and had no knowledge they weren't being paid was not found to be a responsible party the vice president of company who did not have authority to determine which creditors got paid and when was not family be a responsible party the business owners son that didn't have independent authority to do anything in the business because type controls of his father but had the title of secretary and treasurer was not found to be a responsible party one of a company's largest shareholders that had the apparent authority to decide who got paid but actually didn't participate in those decisions was not found to be a responsible party believe it or not a company's president was not found a responsible party where he had the apparent authority that paid creditors but was not responsible to pay the company's creditors did not have access the company's financial records and did not deal with the company's creditors or sign checks was not found a party a business owner spouse who had the ability to write checks but did not have bookkeeping responsibilities did not manage the company and did not hire her fire employees was not found to be a responsible party a director of a public corporation was not found to be a responsible party where they did not manage the day-to-day financial operation of the corporation they had no authority to sign checks they did not oversee payroll and they didn't make decisions as to which creditor to pay additionally they didn't hold large blocks of voting stock a company's vice president and general manager was not found to be a responsible party where he had minimal authority to write checks and did not participate in the decisions of which creditors to get paid in what instances will a corporate officer be considered a responsible party.