Abstract
The Internal Revenue Service (IRS) is perhaps the most feared of all government agencies. Why is it that so many people become terrified by the thought of even the most minimal contact with the IRS? Perhaps the reason is that when it comes to the collection of outstanding debts, the IRS has many tools at its disposal.
Unfortunately, most taxpayers do not know just what the IRS can or cannot do in order to collect an outstanding tax liability. This lack of knowledge operates to transform very effective IRS collection techniques into powerful weapons. The 100% penalty, because it is widely misunderstood, exemplifies just such a weapon.
This Note explains the 100% penalty and examines those situations in which the penalty is usually imposed. The importance of a taxpayer's ability to designate application of voluntary payments to specified liabilities is discussed. Finally, this Note focuses on the issue of whether payments made to the IRS pursuant to a plan of reorganization in bankruptcy can be characterized as voluntary, so as to allow the taxpayer to direct application of those payments to employer withheld trust fund taxes.
How to Cite
31 Ariz. L. Rev. 159 (1989)
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