Statute of Limitations

[WhiteFlag]

What is the name of your state (only U.S. law)? Michigan

Hello~

I'm hoping someone here can answer a question I have with regard to the Statute of Limitations concerning Single Business Tax.

I was divorced in 2003. My ex-husband sold his business in 2007. Upon the sale of the business all back/current taxes had to be paid prior to transferring/selling the liquor license of the business. However, the State is coming after me for a SBT that supposedly wasn't paid in 2001. In 2001 my then husband had removed me as corporate officer of our business. (I owned/operated our businesses with him throughout our 20 year marriage but when he was angry for whatever reason I'd be ejected from our business but not from the debt I incurred in my name. Grrrr.)

Anyway, I've directed the State to my ex. He's got all of his property in our son's name so as to avoid collections. I received virtually NOTHING upon divorcing him. Long story short, he didn't pay taxes while our marriage was on the rocks and after the divorce.

Isn't the Statute of Limitations six years on this tax? So far the state has withheld my state refund. But now they're looking to garnish my wages.

I just need some sound advice. Thank you.

WF

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan

Hello~

I'm hoping someone here can answer a question I have with regard to the Statute of Limitations concerning Single Business Tax.

I was divorced in 2003. My ex-husband sold his business in 2007. Upon the sale of the business all back/current taxes had to be paid prior to transferring/selling the liquor license of the business. However, the State is coming after me for a SBT that supposedly wasn't paid in 2001. In 2001 my then husband had removed me as corporate officer of our business. (I owned/operated our businesses with him throughout our 20 year marriage but when he was angry for whatever reason I'd be ejected from our business but not from the debt I incurred in my name. Grrrr.)

Anyway, I've directed the State to my ex. He's got all of his property in our son's name so as to avoid collections. I received virtually NOTHING upon divorcing him. Long story short, he didn't pay taxes while our marriage was on the rocks and after the divorce.

Isn't the Statute of Limitations six years on this tax? So far the state has withheld my state refund. But now they're looking to garnish my wages.

I just need some sound advice. Thank you.

WF

How much money are we talking about? Any advice I would give would depend on how large the tax debt is.

 

[WhiteFlag]

It was originally $2200 but is now down to $1667.00.

 

[LdiJ]

It was originally $2200 but is now down to $1667.00.

Then you probably should go ahead and pay it, in installments if necessary, and then sue your ex in small claims court. Anything else would cost you more money to fight it than to just pay it.

 

[WhiteFlag]

Then you probably should go ahead and pay it, in installments if necessary, and then sue your ex in small claims court. Anything else would cost you more money to fight it than to just pay it.

Yes, I've already come to that conclusion. The thing is, if my X would sign a statement saying that I was NOT an active officer that year they would drop it. At first he said he would sign a statement but then he reneged. He collects SS. I doubt he's collectible. However, he'd been in default of our divorce judgment from day one.

If I sued my X would I be able to garnishee his SS? His personal bank is the Bank of Box Springs.

WF

 

[LdiJ]

Yes, I've already come to that conclusion. The thing is, if my X would sign a statement saying that I was NOT an active officer that year they would drop it. At first he said he would sign a statement but then he reneged. He collects SS. I doubt he's collectible. However, he'd been in default of our divorce judgment from day one.

If I sued my X would I be able to garnishee his SS? His personal bank is the Bank of Box Springs.

WF

No, SS cannot be garnished for that kind of debt. The IRS could garnish for the tax debt, but you could not.