Welcome to Faucher & Associates – Legal Solutions to Financial and Tax Problems

We focus on tax and bankruptcy law in Southern California: helping local debtors get discharged from debt, particularly tax debt; helping to lower tax debt via challenges to IRS determinations at audit and litigation stages; helping creditors recover what they are entitled from bankrupt estates; helping settle disputes between debtors, creditors, and bankruptcy trustees.  We know the tax and bankruptcy codes and the people who make these processes work.

  Call 818/889-8080 now to find out how we can help with your financial, tax, and legal problems.

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John Faucher consulting a clientJohn Faucher, principal of the firm, practices at the intersection of tax and bankruptcy law because he finds this legal practice offers an invigorating mixture of client counseling, problem solving, court appearances, litigation, and helping people in difficult circumstances.  Before going into private practice in 2009, John worked for almost a decade as an attorney for the U.S. Treasury Department, Internal Revenue Service.  While there, he defended IRS tax audits in tax court and represented the IRS in bankruptcy proceedings.  John has also worked as corporate counsel for Coastal Corporation in Houston, Texas, and for other private partnerships.  In 2014, John earned a Certificate of Specialization in Bankruptcy Law from the State Bar of California.

2014-08 JDF photoIn larger bankruptcy and tax issues, John Faucher often teams up with other attorneys with expertise in these areas.  Please see Our Attorneys for more information on the attorneys with whom we routinely associate.

 Download the  free Tax Audit Trail Pamphlet Here.

 

The IRS *Never* Phones You As Its First Contact

My client has several years of unfiled tax returns. Like many people with several years of unfiled tax returns, he’s been putting off working with me. So I hadn’t heard from him for about six months when he called me in a panic. “I just got a call from the IRS,” he said. “The guy […]

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Wells Fargo: Worst Bank Ever? Part IV…

I’m cheered to see that others out there share my opinion of Wells Fargo Bank. For my prior screeds against this bank, see here, here, and here.  My rants against Wells Fargo may soon have as many volumes as the Harry Potter books. Seriously, I worried that my dislike of the bank might be overblown […]

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US Tax Treatment of Foreign Bank Accounts

The United States has an unusual tax regime: it taxes its citizens and residents on their worldwide income, not just on what is earned in the United States. The only other country that does this is Eritrea. Can you even find Eritrea on a map? What else does it have in common with the United […]

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I Don’t Do Magic

I don’t do magic (despite owning four bunnies that I could pull out of a hat). I say this because I occasionally have a client who has heard of a legal maneuver to solve her problem, yet is too good to be true.  In a particular case, my client faces a foreclosure on her home […]

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IRS Substitute for Return (SFR) Isn’t Always Nondischargeable

Debtors can discharge their taxes in bankruptcy so long as they meet certain tests: the three-year test, the two-year test, the 240-day test and no fraud. I lay it out in the first paragraphs here  and in the last paragraphs here . One of the tests is that the return has to have been actually […]

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When Dealing with the IRS, More Documentation is Better than Less

There are hundreds of strategies for handling IRS issues. But not all strategies are as effective as others. A car-repair owner got audited and brought his tax-return preparer (Jim) to handle the audit. The preparer said to give the IRS as little information as possible . “The IRS won’t want to go to trial, and […]

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What’s a Taxpayer Thinking, When S/he Tries to Evade a Tax?

If the government can prove that you “willfully attempted in any manner” to “evade or defeat” a tax, then you cannot discharge that tax debt in bankruptcy. 11 U.S.C. 523(a)(1)(c).   I’ve always seen this as a very low bar for the IRS to prove, because the elements are simple: 1) the taxpayer had a duty […]

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Wells Fargo: Worst Bank EVER, Part III

I took a client through a chapter 7, and got her a discharge.  She and I were done, and she had no more personal debt. Then she sought a loan modification with Wells Fargo. I knew that she was doing a loan modification because Wells Fargo sent me dozens of letters saying that this is […]

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Wells Fargo: Worst Bank EVER, Part II

If you have more than $5,000 in your Wells Fargo checking account when you file a bankruptcy petition, be prepared. Wells Fargo will freeze your account until the bankruptcy trustee tells them it’s okay to release it. This is due to strict reading of the law. Legally, when you file bankruptcy, you turn over ownership […]

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Wells Fargo: Worst Bank EVER?

I don’t like Wells Fargo Bank. Its policies make it impossible to think well of it. I try not to do loan modifications for clients because all banks are reluctant to negotiate them. Banks are forced to do so by well-meaning statutes. Evidence of the banks’ dislike is widespread: just open the newspaper to find […]

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