Joint Tax Liability

[BRN2005]

Colorado - I was married (10 years), but almost all income showed in my name only, because x-husband could not (would not) maintain employment. He supposedly worked for me (under the table). He actually worked very little, when at all. All the time he drew VA disability (bogus). When he took off, he took financial gains that were gained through my efforts (nearly $100,000). The reason that was allowed was that, as a community property state, he was supposedly entitled to 1/2 of what I owned (whether I owned it prior to the marraige or not or whether he paid into anything or not). He had nothing coming into the marraige and contributed nothing while in the marraige. He NEVER made a mortgage payment, a utility payment, an insurance payment, a grocery purchase, NOTHING. Now the IRS is coming back on me for some back taxes for that time period. I contend that since he was supposedly 1/2 of the marraige and entitled to 1/2 of the assets, he should also be responsible for 1/2 of any debts (although I paid all of the other debts from the marraige). Am I right or wrong and why?

 

[abezon]

You are wrong. When you file jointly with someone, you agree to be jointly & severally liable for any tax debts for that year. In other words, you're both liable for the full debt & the IRS will collect from the first person they can find with $$. A divorce court might say he was liable for 1/2 the taxes, but you'[ll never collect it from him.

See a tax pro & verify that you really owe the taxes the IRS claims you owe. They have a tendency to overstate tax debts. A lot.

 

[BRN2005]

Tax Liability

I am seeing two different answers in one. You say that we are jointly and severally responsible and at the same time you are saying he cannot ever be collectec from. It sounds like a contradictory answer. Can or cannot he be held responsible?

 

[abezon]

The IRS doesn't care which one of you pays, as long as someone does. A divorce court may assign the debt to him, but if he doesn't pay the IRS, the IRS can still come after you. At that point, your only recourse would be to try to get the divorce court to force him to pay, which is unlikely to work.

 

[BRN2005]

As far as I am able to tell, they have not even contacted him regarding the tax they say is due. The assessment they sent me says I was single for the year in question (which I was not). In reality, it would be easier for them to get money from him. I am self-employed (thus a paycheck is not garnishable). He is drawing approximately $2500/mo (tax free) from the VA. Why would they not try attaching that instead? Also, please note that he owns property free and clear, which he bought with the money he took from our marraige. I own my home, but owe a great deal of money against it. After he took off, I had to refinance and now owe as much as the assessed value shows with our county assessor, although the market value is actually higher.

 

[Snipes5]

Go see an Enrolled Agent. The debt will be less if you get the return amended to show that you were in fact married at the time.

Then inform them of the location of your ex. Also, you should begin paying on the debt, and attempt to sue him for his portion of it.

However, as above, the IRS DOES NOT CARE who pays, as long as it is paid, so if he won't pay in a timely fashion, if at all, you are stuck with it.

Snipes

 

[BRN2005]

What is an Enrolled Agent and how do you contact them? How do I show us as married for tht year without his signature? Doesn't he have to sign agreeing to be liable for the taxes for that year? I know I can't sign for him, so how do I get him on the return?

 

[LdiJ]

What is an Enrolled Agent and how do you contact them? How do I show us as married for tht year without his signature? Doesn't he have to sign agreeing to be liable for the taxes for that year? I know I can't sign for him, so how do I get him on the return?

Did you not file a return that year? If not, you can't force him to file a joint return with you. An enrolled agent is a tax preparer who has passed an exam to be an enrolled agent. Most tax preparation companies have enrolled agents on staff.