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Back taxes

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carol1206

Junior Member
What is the name of your state? New Jersey

My husband and I separated in July 2003. When we filed our 2003 return in February 2004, we filed jointly. Unbeknown to me, he had collected unemployment for a short period of time in 2003. When the 2003 taxes were filed, the unemployment was not included as income.

When I filed my taxes for 2004, I filed head of household, claiming the 3 children as dependents and received a refund. A few weeks ago, I got a letter from the IRS stating we owe back taxes for 2003 on the unemployment wages. As EX and I are no longer together, a separate letter was sent to him. It states that only one of us needs to pay the amount due. The letter lists his SS#, but not mine.

My question is,am I only responsible for half the amount due? If I proceed to pay half, what are the chances of the IRS keeping any refund due me for 2005 for the other half? Any advice would be appreciated.
 


Snipes5

Senior Member
You are both responsible for all of it, since you both signed the tax return. The IRS will get the money from whomever it can find first.

If you are on speaking terms with him, discuss the matter, get the money from him, and send it in yourself (so you know it got there).

You said it was for a short period of time... how much money is it? If you are not on speaking terms with him, or you know he won't pay it, the easiest thing to do would be to just send it to them.

Otherwise, they WILL take it out of your refund for the coming tax year, including interest and possibly penalties.

If it is a large sum of money, you can file an innocent spouse claim.

Consult an Enrolled Agent. You can find one at your nearest H&R Block office, and advice is free.

Snipes
 

carol1206

Junior Member
Its not a large sum of money, little over 2 grand. I just wanted some insight before I spoke to either the IRS or an EA. Thanks for your response. And no, we're not on speaking terms and I KNOW he's just throwing his copies in the trash.
 

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