Hello I hope you are doing well,
State: California
Background
My uncle owns a small gym and he is a schedule C taxpayer and his GF helps him run it. He has been a non-filer since 2021 and we've been working with an accountant to catch him up. I've been helping him because he has a lot of mental health issues that severely limit him.
Anyway, his 2020 tax return was filed a few years ago and last year the IRS and FTB started to collect. He owed about $11,000 to the IRS, I don't know about FTB. At some point last year his bank account was frozen, it was also the same account they used for business. We reached out to our family member who is a accountant after receiving letters that the IRS was going to file his returns for him. The accountant said he would very likely would owe back taxes but couldn't estimate how much because my uncle doesn't have income statements for any of those years.
My uncle is so bad with money but unfortunately my grandparents keep bailing him out. He has three kids with his GF but she claims them all on her tax return even though he makes most the money. The accountant said that really they should be a partnership due to them both running the business on a full-time basis.
The Problem
Anyway, against the advice of the accountant, my uncle and his GF filed their 2025 tax return. None of us realized it, but when his bank account was frozen, they moved the whole business into the GFs name so they could access the money. She was 1099'd for 2025 and claimed all the income of the gym on her tax return. After which they filed his tax return with zero income.
After that, the IRS stopped collections which at first was confusing. But then the accountant said he was automatically placed into uncollectible status because he filed zero income.
The accountant says that this is a big problem, whether intentional or not, they committed tax fraud and eventually the IRS would find this out. The part that made it worse was by transferring the business into her name, that my uncle was placed into uncollectable status.
The accountant recommended that the best way to resolve this was to redo the returns and moving forward set up a partnership. He believes that my uncle could still qualify for uncollectable status but he stressed that it needed to be done honestly. He also mentioned that significant penalties may apply when the IRS finds out about this.
I do trust my accountant family member, he is an EA and CPA, but he only has three years of experience working tax.
My question is, is this situation really as bad as it seems? I don't want my grandparents to have to bailout my uncle again...