Question clarified:How do I find out if restaurant owner took taxes and s.security out of his employees pay?

Question

I am not an employee of this restaurant. I am going to court against this person and I want to show that he is not a law abiding citizen. I am 98% sure he did not take out taxes nor paid his share of social security. This man has taken advantage of my 83 year old father and I want to get him;legally.

Answer 1

This is not something you can do legally. Taxes are a private matter for everyone except a certain few in public office. In any case, ask yourself if it really is relevant to the case you wish to pursue. If you want to get him legally, that means taking him to court. You need to address the facts of that matter, rather than his dealings with the IRS.

The only possible way out is if your state has a "Tax Cheats" list. Here in NC they post the largest delinquent tax debtors in the Department of Revenue website (on the grounds that a judgement against the taxpayer is public record). If he is on that, it would provide you with the information you need.

In any case, if he has not paid employment taxes, either the IRS or the state will be very interested in him very quickly, without outside help.

Answer 2

Without making this an issue in a suit which in turn can only be resolved by an audit of his books and records, I do think there is any way you can find what he paid versus what he should have paid.

If your goal is to show him a crook but that has no bearing on why you are in court, meaning the issue you are suing over is not monetary and related to the restaurant, I doubt you will get far.

If your goal is to show he should have taken taxes out on your Dad's behalf, the court may rule the withholding issue is moot because your Dad has the funds that should have been withheld. Unfortunately the IRS will ask for them anyway.