Lawyer Robert Schaller
Attorney Robert Schaller and the Schaller Law Firm
Attorney Robert Schaller provides IRS tax relief to consumers struggling with IRS back-taxes. Schaller helps clients obtain a fresh start in life free of IRS back-taxes. Schaller has earned the OIC Scholar certificate from National Offer in Compromise Academy. Robert Schaller focuses on providing relief through the IRS' programs: Innocent Spouse Tax Relief and Offer in Compromise.
Innocent Spouse Tax Relief
Attorney Robert Schaller notes that Innocent Spouse Tax Relief provides the ex-wife (or soon-to-be ex-wife) full or partial relief from an “understated” tax deficiency attributable to the ex-husband’s (or soon-to-be ex-husband’s) erroneous items on a jointly filed tax return. 26 U.S.C. § 6015(b). The Tax Code defines “understatement” as “the excess of (i) the amount of the tax required to be shown on the return for the taxable year, over (ii) the amount of the tax imposed which is shown on the return, reduced by any rebate.” 26 U.S.C. § 6662(d)(2)(A).
The ex-wife (or soon-to-be ex-wife) may be eligible for Innocent Spouse Relief if the ex-husband (or soon-to-be ex-husband) failed to report income, reported income improperly, or claimed improper deductions or credits. 26 U.S.C. § 6015(b). Through the “Innocent Spouse Relief” program, the ex-wife (or soon-to-be ex-wife) can be relieved of responsibility for paying any additions to tax, interest, and penalties if the ex-husband (or soon-to-be ex-husband) improperly reported items or omitted items on the joint tax return. The IRS does not offer Innocent Spouse Relief from unpaid taxes shown on IRS Form 1040, only the portion of tax that was understated.
Offer in Compromise
Attorney Schaller believes taxpayers should consider offer in compromise when appropriate. The Offer in Compromise program should be explored by taxpayers who are unable to pay the full tax liability. This program is frequently advertised on TV and radio as the “Fresh Start Initiative.” As explained in detail in this website, an Offer in Compromise is an agreement between a taxpayer and the IRS that resolves a taxpayer’s tax liability by payment of an agreed upon reduced amount. The total payment amount is NOT a percentage of the total tax liability; instead, it is calculated by an IRS formula based on a taxpayer’s current equity in assets plus future net income. Thus, the total payment amount varies with each taxpayer since each taxpayer’s financial wherewithal is unique. Before an offer can be considered, a taxpayer must have filed all tax returns, made all required estimated tax payments for the current year, and made all required federal tax deposits for the current quarter if the taxpayer is a business owner with employees. Taxpayers in an open bankruptcy proceeding are not eligible.
About the Lawyer
*Admitted to practice before the United States Supreme Court, United States Tax Court, United States Court of Appeals for the Seventh Circuit, United Stats District Court for the northern and central districts of Illinois.
*Registered Certified Public Accountant (Illinois).
* University of Illinois at Urbana - Champaign, B.S. Accountancy, 1982.
* University of Chicago, M.B.A. candidate, 1985/87.
* University of Illinois at Urbana-Champaign, Certified Public Accountant.
* Associate, Winston & Strawn - Chicago, IL.
* Associate, Chapman and Cutler - Chicago, IL.
* Schaller Law Firm, P.C. - Oak Brook, IL
* Village of Hinsdale, Park & Recreation Commission, member.
* Hinsdale Rotary Club, member.
* Hinsdale Chamber of Commerce, Vice-President.
* Hinsdale Grace Church, Vestry member & President Men's Group.
* Hinsdale Bikes for Kids! project.
1) Bankruptcy Marketing & Advertising: Learn What Every Successful Lawyer Already Knows.
2) Bankruptcy Selling & Closing Clients: Learn How to Persuade Prospects to Pay.
3) The Rainmaker’s 17 Secrets to Legal Marketing & Advertising: Learn How Successful Lawyers Earn an Additional $28,427 Thru Referrals, Direct Mail, LinkedIn, YouTube, and Facebook.
4) The Rainmaker’s 24 Secrets to Legal Selling & Closing Clients: Learn How Successful Lawyers Persuade Prospects to Pay.
5) Law School Career Advisor’s Resource for Starting a Solo Law Firm: Exploring a New Career Path
6) Career Advisor’s Guide to Starting a Solo Bankruptcy Firm: Exploring a New Career Path.
7) A Lawyer’s Guide to Filing Chapter 7 Bankruptcy: Learning the Nuts and Bolts of Filing Your First Case.
8) Bankruptcy: Why My Neighbor Had to File.
9) DIY Guide to Filing Chapter 7 Bankruptcy: Line-by-Line Instructions and Day-by-Day Timeline.
10) Starting a Solo Law Firm in 2020-2021.
11) How to Start a Law Firm: Including a $100,000 Bankruptcy Firm.
12) IRS Offer in Compromise, Installment Agreements & Innocent Spouse Relief: A Treatise for Tax Professionals
13) IRS Innocent Spouse Tax Relief: A Treatise for Attorneys, CPAs & Tax Preparers.
14) IRS Installment Agreements: A Treatise for Attorneys, CPAs, Accountants & Tax Preparers.
15) IRS Offer in Compromise: A Treatise for Attorneys, CPAs, Accountants & Tax Preparers.
16) DIY Guide to IRS Offer in Compromise & The Fresh Start Initiative.
17) National Bankruptcy Academy’s Bankruptcy MasterClass Practice System & Toolkit. Volume 1: Starting a Practice.
18) National Bankruptcy Academy’s Bankruptcy MasterClass Practice System & Toolkit. Volume2: Marketing.
19) National Bankruptcy Academy’s Bankruptcy MasterClass Practice System & Toolkit. Volume 3: Selling & Closing Clients.
20) National Bankruptcy Academy’s Bankruptcy MasterClass Practice System & Toolkit. Volume 4: Client Communications.
21) National Bankruptcy Academy’s Bankruptcy MasterClass Practice System & Toolkit. Volume 5: Processing the Petition, Schedules & Statements.
22) National Bankruptcy Academy’s Bankruptcy MasterClass Practice System & Toolkit. Volume 6: The Bankruptcy Code.
Schaller also published the articles below that are available online.
• Yes, Income Taxes Are Dischargeable in Bankruptcy. 2016 Illinois Bar Journal 32 (Jun 2016).
• Bankruptcy Rule 3002(c) Filing Deadline Applies to Secured Creditors. 2015 American Bankruptcy Institute 38 (Sept. 2015).
• Chapter 13 Debtors Need Not Pay Late-Filed Mortgage Arrearage Claims. NACBA Consumer Bankruptcy Journal (Winter 2015 Volume, Pages 20-24).
• Applying the Wilko Doctrine’s Anti-Arbitration Policy in Commodities Fraud Cases. 61 Chicago-Kent Law Review 515. (co-authored with William Lynch Schaller).
• FSLIC Federal Receivership Appointments for Allegedly Insolvent State Savings and Loan Associations: A Plot to Federalize State Savings and Loans Against Their Will? 33 DePaul Law Review 783.