If I create a checking account under my name so my Dad can put money in it to avoid the IRS garnishing his accounts, is that considered tax evasion?

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If I create a checking account under my name so my Dad can put money in it to avoid the IRS garnishing his accounts, is that considered tax evasion?

My dad owes thousands to the IRS in back taxes and needs to hire a bankruptcy lawyer. But anytime he tries to save money in an account (or use a checking account to pay bills, etc.) the IRS flags it and garnishes his wages/savings. He’s asked me to create an account in my name so that he can avoid garnishment temporarily. I’m definitely uncomfortable with the idea- but he’s my father and I want to help.

Asked on April 18, 2012 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is a very difficult situation to be in trying to help a parents but knowing things may not be just right.  But I think it is best not to get involved with opening the account.  What you can do then is to hire an attorney for your father or to contact the IRS and try and set up a payment plan so that they do not keep attaching his accounts.  Good luck.


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