I have spent some time the last few days reviewing 2007 from my personal view point.
I have been very quick in the past to want it to be over and making brash statements about how horrific a year it had been. I think I must confess that the negativity is associated with my older brother and my youngest sister dying, both very unexpectedly.
Upon closer scrutiny, if I remove those monumental events from 2007, it wasn't that bad a year.
I feel that I have grown as a person, although I probably would say my spiritual growth lagged.
If I had to list one personal milestone, I would have to say it would be putting the last remnant of the family business debacle to rest.
I haven't written specifically about this, but I feel compelled now.
In the last year of the family business operating at full bore, our bank, which was also our factoring company took control of the business's accounts. Every day an officer of the bank would look through and hand pick what items they were going to pay and what they chose not to. Out instructions were to conduct business as usual and they would make their determinations on each given day. We were told they were using this as a business tool. This stemmed from a large amount of charge backs which occurred when the business changed factoring companies to them. Basically it resulted in a negative reserve. For those of you familiar with factoring you will know what I am talking about. For those of you not familiar with factoring, just know that it is expensive and not without risks.
I will always question the legality of the bank doing what they did. Basically they were getting to the feed trough first to get their fill. Most bankers will tell you that if a financial institution returns items as unpaid, there is no hunt and pick system, it is pay them as they were presented.
Now this was a major problem, but it was not the point of my entry for today. I have simply been laying the preface to the "Rest of the story."
Out comptroller had been sending the payroll tax deposits to this bank, and I would remind him frequently that those had to be paid. I remember the day the comptroller came into my office looking rather pale and sat down telling me we needed to talk. He had received all the deposits back from the bank with a note from one of the account representatives asking "What are we supposed to do with these?" When payroll runs a quarter million a week, the tax deposits are significant. Add about six months of them together and it is monumental! In my books, this banks decision not to pay these deposits not only put substantially more into their coiffures. it put the deciding nails in to the business's coffin.
In early April 2006, Krl and I had just returned from the seasonal jobsite. She was having a couple of friends over for coffee and cake, I was in the home office. The door bell rang and I answered it to find two United States Treasury agents there. They wanted to talk with me about the payroll tax liability from the now defunct family business. One of these men told me I owed 1.3 million dollars and wanted to know what my intentions were. I told him if we were unable to pay it while the business was operating, I sure couldn't pay it. I explained the banks role in the problem but that fell on deaf ears. I will admit attempted to be a little cute with them because I asked them if they would take a check. "Sure", they responded. "Can I borrow one?, I asked. They didn't see the humor.
They then told me how they didn't want to see me waste money that could go towards this liability by hiring a tax attorney or tax negotiator. They gave me a stack of paperwork to fill out and a deadline to respond. I immediately called a tax negotiator in Lubbock who told me he would try to work me in. I wasn't comfortable with being "worked in", so I called my brother Fred who referred me to a little wanna be gangsta tax negotiator. From the beginning, he and I did not get along. Thankfully I did get along with his accountant who did my paperwork and negotiating my offer in compromise.
It took fifteen months, but on June 5, 2007 we received word that the IRS had accepted our offer. We scraped and borrowed from anyone who would listen, but in July we paid the offer in compromise in full. Now we have to file on time for the next five years and will forfeit any tax we over pay during that same period. After the ende of five years, it will all be a bad memory.
This may not seem like a major high point to many, but for us it meant a new lease on life. Throughout the demise of the family business and an extended period of working without pay, Krl and I had been forced to sell lots of our personal property. Of course our farm operation had been sucked up a few years before.
It is comical now, but at the time it was very serious. One day I came in from work and Krl looked at me and asked, "Is it that bad?"
"Yes", I replied.
"How bad?", she asked.
I told her, "You know the last major thing we own beside the house is your suburban, well we can either sell it and make a few more house payments or we can live in it!"
After a brief while she brought me her keys.
My Mom used to say the IRS scared her more than a bear.
I would agree.
Fortunately for Krl and I, Krl was not on any signature cards and did not make any decisions on business bills paid, and our only large items, our home and a thirteen old pickup truck, were titled jointly.
The IRS has no boundaries to operate within. Our bankruptcy had no bearing on the tax liability. The IRS doesn't recognize homestead laws.
Our saving grace was the joint ownership and Krl's non-involvement in the family business.
Boy that ended up being a long story about a high point of 2007.
Another high was working with Chris at the parts store. That was interesting. It was an eye opener being on that side of the counter and dealing with inventory numbers that were drastically perverted by the influx of "windmill" associated businesses coming into the area.
Having worked with Kyle here at the seasonal work, it was interesting to work with the other brother!
Another high point of settling the tax liability issue was that once again Krl and I could own something. Immediately I told the seasonal majority owner that I was giving my notice when they told me they did not want the company without me and made an offer to sell.
Talk about silver linings!
I'm not going to tell you to have a day. I'm going to tell you to have a year! May it be prosperous and filled with joy and happiness.
FATHER, Thank YOU for deliverance! Amen
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