Tax Owed-Wife Taking Brunt

[callmered53]

This 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)?

[irsos]

Originally Posted by callmered53

This 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)?

(1) They can levy her bank account but won't if she is talking and cooperating with them. If they levy the bank account, it only attaches to money in the bank on the day it is received. However, if there are outstanding checks - it could cause overdrafts.

(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.

[davew128]

Originally Posted by callmered53

Can the IRS take any money my daughter has in the bank?

Yes.

Or just take ALL that is owed and overdraw her account (I read today this happened to some woman)?

And why would the bank give them something that doesn't exist? Your story is wrong.

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).

Good advice.

They also suggested filing the Injured Spouse Form.

N/A. It is her debt as much as his. Based on what you're telling us, innocent spouse doesn't apply either unless they're hitting her for income he didn't report, and I doubt the missing W-2 is part of it yet.

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.

Do you seriously think they send agents around door to door? If your daughter can't find him or won't give him up, or he has gone off the grid, they won't find him. $2,000 isn't going to create an IRS manhunt.

Will the IRS continue to look for the husband? (only his SS# is on these letters)

Probably.

And/or since my daughter (i didn't suggest it YET, at this point), already called to see about payment options.

Unless one of the parties on the tax return make a payment plan and/or pays the debt, it and the IRS aren't going away.

[irsos]

Innocent Spouse relief could apply under the equitable relief provisions. Not enough facts to determine that but it is clearly possible.

[davew128]

Originally Posted by irsos

Innocent Spouse relief could apply under the equitable relief provisions. Not enough facts to determine that but it is clearly possible.

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.

[irsos]

Originally Posted by davew128

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.

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?

[davew128]

Originally Posted by irsos

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?

That line of reasoning is still part of the criteria considered. Benefit beyond normal support is also a factor in the equitable decision process. I wouldn't even throw this possibility out there based on what's been posted, particularly since we don't know how much of the outstanding tax is based on her own income, if any.