Yes. 26 USC Sec. 6672 allows the government to assess a "trust fund recovery penalty" or TFRP against reponsible persons, for not paying over payroll taxes that they have collected from their employees. But another federal law, 26 USC Sec. 7202 makes is a federal felony to do so, and you can get a $10,000 fine and be sentenced to up to 5 years in federal prison. In short, don't do it, it is not worth it.

If you already owe a large amount of unpaid payroll taxes and cannot pay it in full, contact our office or another experienced I.R.S. practitioner to represent you before the I.R.S. and either settle it or get you on a payment plan. Although payroll taxes or the TFRP cannot be discharged in bankruptcy, it is possible to propose a chapter 11 or chapter 13 plan to repay delinquent payroll taxes or trust fund recovery penalty over an extended period of time.

J Thomas Black
Board Certified, Consumer Bankruptcy Law- Texas Board of Legal Specialization