I was an early- ish investor into btc 2016-2017. Things really took off in 2021. I had mainly just bitcoin and ethereum. However in 2021 when everything went crazy. I would trade out btc and ethereum for a bunch of alt coins trying to follow the Bitcoin - big alts - small alts flow people talked about. I was inexperienced and did not understand the concept every time I did this it created a taxable event. I was under some stupid impression that you weren’t taxed until you cashed out in USD. So when the crash happened I watched my portfolio go from about 330k to about 40k. AMP and ALGO were 2 of my bigger casualties. I never sold or bought anything since I’m still holding. My portfolio sits right now at 80k. 50% is ETH and the rest is spread between. SOL, LINK, LTC, BTC, AVAX, ALGO, and AMP
I owe IRS over 50k from 2021. I would like to hear some sensible opinions from this forum on what you guys would do in my position. I was really hoping to hold all of it to another big bull run but obviously there is no guarantee this will happen. Should I just cash out 50k and pay the IRS. Maybe cash out half now ? 25k? Any opinions that are trying to help are welcome.
Sell your shitcoins, pay your tax bill. Whatever is left put in bitcoin and don't touch the hot stove again.
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you made a huge mistake trading your strongest marbles for weaker ones at high frequency looking for quick riches, but you're not alone. 99.5% of retail is people like you, I blame it on lack of education, experience and constant shitcoiner bitcoiner influencers social media hyping up trading FOMO to make big money only to lose everything and then some more with insane volatility. You can work with IRS officers to come up with a payment plan that works for both of you and move on with life. Over time in 5-10yrs your portfolio will increase again if u HODL btc as that seems to be the only most probable multigenerational opportunity, 98% of the world is not in yet. shitcoin trading or bitcoin trading i'd stay away from, just pay off irs and little savings put in Roth IRA and sleep well at nite, wish u all the best and stay positive mentally.
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Try and settle with irs for less than the 50k ( not uncommon they will take less ), sell shitcoins to pay once amt finalized. Then sell the rest of your shitcoins, buy btc p2p no kyc. Dont worry about the mistakes made, just get yourself on the path to the new.
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You might be able to get out of it by reading their own laws and learning to read through the sneakiness. Personally, I wouldn't pay anything yet, otherwise you have validated the debt and then you HAVE to pay it. Quick note: 26 USC 6065 says that for their 'bills' to be valid, they must sign it under penalty of perjury. Do they do that? NOPE. Because no agent is going to stick his/her neck out for that.
26 USC 7701(a)(1): The term "person" shall be construed to mean and include an individual, a trust, estate partnership, association, company or corporation.
Reading this through the lens of ejusdem generis which is a part of statutory construction, the term 'individual' must be in the same class as the other terms listed, which are commercial entities. i.e. not a man/woman
26 USC 7701(a)(14): The term "taxpayer" means any PERSON subject to any internal revenue tax.
As we saw above, you are not included in that definition of person.
26 CFR 1.441-1(b)(8): Taxpayer has the same meaning as the term PERSON as defined in section 7701(a)(1) (e.g., an individual, trust, estate, partnership, association, or corporation) rather than the meaning of the term taxpayer as defined in section 7701(a)(14) (any person subject to tax).
Self explanatory.
26 USC 7343: The term “person” as used in this chapter includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.
Self explanatory.
As in the link above, sometimes all it takes is reading the tax code and sending them a letter for them to realize, "Oh shit. This isn't a regular monkey I'm dealing with." And get yourself no tax liability because YOU ARE NOT A TAXPAYER as you just saw from their own definitions.
If you send them letters, KEEP COPIES OF EVERYTHING, send it certified mail, return receipt. This isn't hard, but people have been brainwashed into believing that the IRS has tons of power because you only ever hear about idiots who just stop paying altogether without knowing what they're doing.
If all of the above is not something you're willing to do, you could try to do their "Offer in compromise" which is one of their forms to try to get them to let you settle the debt for less, but it's up to them. Using this form is continuing their presumption of your taxpayer status.
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There is also the possibility of using "accord and satisfaction". Once the debt is disputed, if you don't their responses (or their potential counteroffer when you write a letter), you can send them a check for a lower amount with verbiage on the memo along the lines of "full and final settlement" and on the back, under the signature line, along the lines of "by cashing this check you agree to full discharge of obligation on account number XXXXX". If they cash the check and don't refund it within 90 days, that becomes a "renegotiated contract" and if they were to try to come after you for the rest of the debt, you would be able to sue them for breach of contract.
See the below case to get a better understanding:
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