Audit Question

[naesatt]

What is the name of your state? Ohio
Question: If two unmarried persons names are on the deed to a house with approximately $50,000.00 equity in it, and one of the deeded owner made a "little error" in reporting that he paid $15,000.00 worth of handicapped accessibility modifications to the home in the tax year of 2003 (BTW.. MRDD paid for all of the modifications), and the person got audited by the IRS, and obviously could not prove the amount spent, could the IRS put a lien against the property? And what would happen to to other (innocent) deeded owners interest in the property? Could they only attach a lien to half of the property? Thank you in advance for any answers.

 

[Snipes5]

The IRS can put a lien on the entire property, doesn't matter who else owns it.

The innocent party should probably either attempt to buy out the other party, or otherwise divest himself of the property.

Snipes

 

[itsacatsworld]

Injured spouse is no longer an excuse you have to PROVE IT.

 

[naesatt]

Thank you.... thats all I needed to hear.

 

[naesatt]

Injured spouse is no longer an excuse you have to PROVE IT.

I am not a spouse. I am a co-owner of the property.

 

[rmet4nzkx]

I am not a spouse. I am a co-owner of the property.

Is the lien already on the property? Have you filed for partition yet?

 

[naesatt]

I just can't hide anywhere!! No lien on the property, but he got a notice from the IRS today about him not claiming debt right-offs as income for 2003. Only $4,000.00 difference in income. He is being adjusted $486.00 in tax owed + interest.
I am climbing the walls, and holding my breath, hoping nothing happens (from his stupidity) until I can raise the money for the partition everyday. I am $400.00 short, and have been selling on eBay like crazy! I need the name of a good attorney in the Elyria, Ohio Lorain County area for small claims court.....real estate attorney is too expensive for that! I don't want a cheap one, just one that charges according to the task. Got any referrals?
I about crapped myself when I did a google search for attorneys in Lorain County and my posts on this board popped up
Me thinks he might be audited after the house is sold

 

[ENASNI]

oy

Injured spouse is no longer an excuse you have to PROVE IT.

Learn how to read poser... the third word in the post was "unmarried"

Good luck naesatt... followed your threads, you are a fighter.

 

[rmet4nzkx]

Hey, where is the link to him choking on his chicken when he found our you filed the QCD?

 

[itsacatsworld]

Confucious say you open up can of worms your house might become infested.

 

[rmet4nzkx]

Confucious say you open up can of worms your house might become infested.

No he say: Absconder who fall asleep on railroad track, wake up with split personality!

 

[naesatt]

Hey, where is the link to him choking on his chicken when he found our you filed the QCD?

Unfortunately the spy cam was not installed yet (just kidding) I only wish I could have witnessed it myself!!!! He thinks he is soooo smart, I found all of the money market & his personal account statements today & made copies of all, just saved myself $5.00 a page (sigh of relief)! I will need them since he is trying to say I "stole" money from his account. Now to highlight all the corresponding amounts that came out of my account first so I can show it was repayment.

 

[rmet4nzkx]

Unfortunately the spy cam was not installed yet (just kidding) I only wish I could have witnessed it myself!!!! He thinks he is soooo smart, I found all of the money market & his personal account statements today & made copies of all, just saved myself $5.00 a page (sigh of relief)! I will need them since he is trying to say I "stole" money from his account. Now to highlight all the corresponding amounts that came out of my account first so I can show it was repayment.

Don't forget to get copies of your checks so it shows what account it went into.
The IRS will put a lien on those accounts before the house if there is money in it.

 

[naesatt]

It would only affect his accounts, I am completely uninvolved in his IRS issues, except that I want to try to protect my investment in the property. I pray nothing happens to his health or that he does not get into trouble with the IRS, (until after property is sold) then I don't care what he gets into. I think I need a xanax

 

[dallas702]

First; your "co-owner" owes the money according to what you've said. Why are you trying to dig it up? Maybe I missed something here.

Second, the IRS is not interested in selling property. They want their money. They don't care how they get it. It sounds like you (he) has only received the first Notice of Deficiency. Relax! Call the number on the forms. You can get extensions and work it out. Ummmmm....wait a minute. Why do you have (or, do you have) the IRS Notice of Deficiency if it is not your debt? Again, maybe I missed something. Putting a lien against property is a pain and definitely not what the IRS favors doing.

All this for a paltry $486???? C'mon, that's peanuts! Even if you (he) made a "payment arrangement" the interest would be almost nothing at current Treasury rates. As long as he sets up a plan and pays the deficiency the IRS is not going to bother your property. UNLESS they determine this guy is trying to defraud them. THEN they get serious!