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#1
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Tax Owed-Wife Taking BruntThis is for my daughter and her state is PA. Her severe emotionally abusive, bi-polar, manic depressive (who admits but will not help himself) messed up husband, who my daughter finally left after 7 horrible years, owes the IRS money from 2007. ($2000). That may not sound like much; it is when there is nothing. He does not stay in touch with my daughter or his children (he saw the children once in a year); he moved recently and told no one where; supposedly he has a job and the child support people are trying to find him. (that felt good to get out - thanks!-I do feel SO sad for this man, though! )The IRS has sent 2 letters to where my daughter lives. The also addressed them to her husband separately, but to my daughter's address. My daughter lives with a family for now, with her 2 children and has not been physically with the husband since June 2007. They filed jointly. Can the IRS take any money my daughter has in the bank? Or just take ALL that is owed and overdraw her account (I read today this happened to some woman)? My daughter contacted the IRS today, 10/15 and explained that he had not bothered to turn in a w2 from one of his many jobs (he changed jobs every 3 mos.). They suggested SHE make payments even if only 20/mo. They also said they would stop the levy on any assets (keep in mind that the husband IS NOT receiving this letter) (she received that letter on 10/14 and had 10 days to pay up). They also suggested filing the Injured Spouse Form. Why can't the IRS find the husband? (he has texted my daughter; she is trying to visit him in person the get the divorce papers signed that she initiated), so he is around; probably not far. Will the IRS continue to look for the husband? (only his SS# is on these letters) And/or since my daughter (i didn't suggest it YET, at this point), already called to see about payment options.What is the name of your state (only U.S. law)? |
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#2
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(2) It would not be Injured Spouse but Innocent Spouse she may qualify for. Go to [url=http://irsos.com/InnocentSpouse.htm]Help for determing if you qualify for Innocent Spouse Relief.[/url] for information on this. (3) The IRS is not going to look for him per se. However, if he is issued any W-2's or 1099's, they will attempt to levy at those places eventually.
__________________ There is no withholding on the wages of sin. Last edited by irsos; 10-15-2008 at 05:11 PM. |
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#3
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| Yes. Quote:
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#4
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| Innocent Spouse relief could apply under the equitable relief provisions. Not enough facts to determine that but it is clearly possible.
__________________ There is no withholding on the wages of sin. |
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#5
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| If the deadbeat husband was paying the bills and supporting the household when he lived there, you'd have a hard time making a case that the daughter didn't benefit from the income she is jointly liable for the tax on. |
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#6
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| That line of reasoning went out of vogue several years ago when they liberalized innocent spouse relief. We used to ask "But did you drive the Mercedes"? Those rules are out of date. If she was abused, and certain other factors, it is possible. Again, I am not reaching any conclusion, just suggesting you do not have enough information to reach one either. Are you divorced?
__________________ There is no withholding on the wages of sin. |
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#7
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