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IRS shuts down mom and pop dressmaker

Posted on 7/9/17 at 9:30 am
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
73552 posts
Posted on 7/9/17 at 9:30 am
Hours later, Mii’s Bridal & Tuxedo was out of business after serving customers for decades. Its entire inventory of wedding gowns and dresses as well as sewing machines and other equipment were sold at auction.
The hastily-called sale held inside the store netted the IRS about $17,000 — not enough to cover the roughly $31,400 in tax debt alleged, court records show. The balance is now likely unrecoverable.

The owners, Tony Thangsongcharoen, 68, and his wife, Somnuek Thangsongcharoen, 72, are fighting back. The Garland couple sued the government in federal court in Dallas in March for more than $1.8 million, alleging the IRS violated its own procedures during the tax seizure at the small storefront on Garland Road in March 2015.

“The agents auctioned off, before their very eyes, the family’s entire life savings for pennies on the dollar,” the lawsuit said.

The IRS claimed that the businesses intentionally tried to evade federal bank reporting requirements by making cash deposits just under the $10,000 limit. Critics say the IRS is being heavy-handed for seizing money from businesses when they haven’t been charged with a crime.

The couple’s attorney, Jason Freeman, received numerous internal documents from the IRS following a Freedom of Information Act request about the incident.
The lawsuit says one document received is a written “directive” from an IRS supervisor to “shut down this failing business.”

Regarding the speed of the sale, the government said in legal filings that the IRS used a special law that allows for a streamlined procedure if the agency determines the goods seized could “perish or waste” or become greatly reduced in value.
As a result, the IRS didn’t have to post advance public notice of the Mii’s sale or wait at least 10 days before selling the goods, as is normally required.
The provision also says a speedy auction can be used if storing the property would cost the IRS “great expense.”

LINK
Posted by Strannix
District 11
Member since Dec 2012
49162 posts
Posted on 7/9/17 at 9:34 am to
quote:

Mii’s, a small Garland business owned by an elderly immigrant couple from Thailand, was never accused in court of violating any federal laws.


This is insane
This post was edited on 7/9/17 at 9:41 am
Posted by Creidhne
Scotia
Member since Jul 2017
23 posts
Posted on 7/9/17 at 9:46 am to
quote:

The IRS claimed that the businesses intentionally tried to evade federal bank reporting requirements by making cash deposits just under the $10,000 limit.


It looks like the IRS just didn't like the way they made deposits. Not even a tax issue.
I read a while back about them harassing a diner for the same reason.

The law says you can't deposit over $10,000 in cash without proper documentation. If you make several $9,000+ deposits you are still in violation. Gotta love the IRS.
Instead of being ticky tack about laws why not just look at their books and see if they were engaged in illegal cash manipulation.
Posted by the808bass
The Lou
Member since Oct 2012
111802 posts
Posted on 7/9/17 at 9:55 am to
quote:

Regarding the speed of the sale, the government said in legal filings that the IRS used a special law that allows for a streamlined procedure if the agency determines the goods seized could “perish or waste” or become greatly reduced in value.


Don't know if the IRS will lose. But they should. The dressmakers inventory and equipment isn't going to perish or become greatly reduced in value. These people may make more from the lawsuit than they ever made from the business.
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54260 posts
Posted on 7/9/17 at 9:59 am to
Obama's IRS sweating on immigrants. Who'd a thunk it?
Posted by Jorts R Us
Member since Aug 2013
14930 posts
Posted on 7/9/17 at 10:00 am to
Would need more information to form an opinion but it sounds pretty heavy-handed. When it comes to the banking stuff, that is not an area to frick around with.
This post was edited on 7/9/17 at 10:01 am
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17444 posts
Posted on 7/9/17 at 10:03 am to
How does the IRS even have this authority without the court finding them guilty
Posted by RuLSU
Chicago, IL
Member since Nov 2007
8126 posts
Posted on 7/9/17 at 10:04 am to
Don't get me wrong, everyone should have a healthy disdain for the IRS and the way it conducts itself.

Still, when I read an article like this, I start to wonder what details are being left out. How did a small mom & pop shop amass $31,400 in tax debt?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425822 posts
Posted on 7/9/17 at 10:31 am to
quote:

The IRS claimed that the businesses intentionally tried to evade federal bank reporting requirements by making cash deposits just under the $10,000 limit.

frickers

straight up evil

i remember they tried this shite on another small business a few years ago. he made daily or weekly deposits and they would just not be $10k. the IRS said he was structuring and he was presumed guilty. i don't even know if they charged him, they just froze/seized the money in his accounts
Posted by Lsupimp
Ersatz Amerika-97.6% phony & fake
Member since Nov 2003
79401 posts
Posted on 7/9/17 at 10:47 am to
As a business owner with an easily trackable IP address I would just like to state publicly that the IRS has a tough job and they do the best they can under difficult circumstances.

#Payyourtaxes
#Team IRS
#Myacctountanthasthatonfile
#Immagoodboy
Posted by FightinTigersDammit
Louisiana North
Member since Mar 2006
35038 posts
Posted on 7/9/17 at 11:53 am to
quote:

The Garland couple sued the government in federal court in Dallas in March for more than $1.8 million, alleging the IRS violated its own procedures during the tax seizure at the small storefront on Garland Road in March 2015.



I believe the courts have already ruled the IRS don't even have to follow their own handbook.
Posted by OchoDedos
Republic of Texas
Member since Oct 2014
34392 posts
Posted on 7/9/17 at 12:33 pm to
quote:

The lawsuit says one document received is a written “directive” from an IRS supervisor to “shut down this failing business.”



Where is Ted Cruz and John Cornyn?

The IRS, nor any branch of Govt, is not in the business of picking winners and losers.

Nevermind, it's Dallas County, they're not Hispanic, Black, or Queer, they have no representation.
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17523 posts
Posted on 7/9/17 at 1:09 pm to
I worked with a really nice woman in Tulsa whose daughter was an IRS collections agent.

The lady related how embarrassed she was when she and her daughter went to an exhibition during the Tulsa State Fair. Her daughter recognized a debtor limousine business had a limo on display/exhibit inside the main exhibition hall building.

Her daughter disrupted the whole fair calling in a wrecker to seize the display limo from inside the building. And then the daughter took great pleasure in engaging boisterously with the business and the fair organizers in a threatening manner.

She said she dropped her daughter off at home and told her she would not see her the rest of the weekend she was so embarrassed. She said she didn't raise her daughter to be a bitch like that.
Posted by SoulGlo
Shinin' Through
Member since Dec 2011
17248 posts
Posted on 7/9/17 at 3:25 pm to
Guilty until proven innocent.

Thanks progs, your IRS is keeping us free and funded.
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