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Failure to File, Back Taxes, Divorce, and Claiming Dependents

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LdiJ

Senior Member
Do you know the statute of limitations off hand?
The IRS cannot go back against someone (unless they committed fraud) once the tax return is past the three year mark. However, I am confused about something. How is it that the husband owes significant taxes and is having his wages garnished? Did he not file tax returns at all? Did he ignore all letters from the IRS instead of getting his returns filed and getting on an installment plan? If the garnishment is recent he may be able to get it removed if he gets on an installment plan.

How much money does he owe?
 


LdiJ

Senior Member
I will also add that he should probably make the issue part of their divorce case. A judge would likely require the parties to do paperwork to divide the children between them for tax purposes.
 

Phoe

Member
The IRS cannot go back against someone (unless they committed fraud) once the tax return is past the three year mark. However, I am confused about something. How is it that the husband owes significant taxes and is having his wages garnished? Did he not file tax returns at all? Did he ignore all letters from the IRS instead of getting his returns filed and getting on an installment plan? If the garnishment is recent he may be able to get it removed if he gets on an installment plan.

How much money does he owe?
As I said, the couple did not file taxes for several years. The garnishment is not recent.
 

LdiJ

Senior Member
As I said, the couple did not file taxes for several years. The garnishment is not recent.
That doesn't really answer any of my questions. The IRS only garnishes wages in certain circumstances and I am trying to find out what dad's circumstances are so I can try to give him reasonable advice.
 

Phoe

Member
I will also add that he should probably make the issue part of their divorce case. A judge would likely require the parties to do paperwork to divide the children between them for tax purposes.
Just for clarity, this is not a question of how claiming dependents will work post divorce, but rather pre-divorce when the couple was married. But thank you.
 

Phoe

Member
That doesn't really answer any of my questions. The IRS only garnishes wages in certain circumstances and I am trying to find out what dad's circumstances are so I can try to give him reasonable advice.
Neither party filed taxes for several years. Then, the wife did. I thought that was clear from the OP, apologies. The amount is substantial (over $10k).
 

LdiJ

Senior Member
I really suggest that dad get a face to face consult with a local tax professional who is experienced in dealing with IRS problems. I have a real concern that dad might not owe nearly as much as the IRS thinks he does because he has not filed the tax returns himself, he buried his head in the sand until they did them for him.

However, since you refuse to answer the questions asked, he just needs to go get a consult himself.
 

Phoe

Member
I really suggest that dad get a face to face consult with a local tax professional who is experienced in dealing with IRS problems. I have a real concern that dad might not owe nearly as much as the IRS thinks he does because he has not filed the tax returns himself, he buried his head in the sand until they did them for him.

However, since you refuse to answer the questions asked, he just needs to go get a consult himself.
That's my sense of things too. What *questions* weren't answered?

I see 1: Did he ignore all letters from the IRS instead of getting his returns filed and getting on an installment plan?

Essentially, yes.
 

LdiJ

Senior Member
That's my sense of things too. What *questions* weren't answered?

I see 1: Did he ignore all letters from the IRS instead of getting his returns filed and getting on an installment plan?

Essentially, yes.
Ok, then its possible that if he actually files his tax returns he may owe less tax than what the IRS has said he owes. He also has the chance to possible still get on a installment plan instead of garnishment. However, it still sounds like you are unfamiliar with the nitty gritty details of what happened therefore its still in his best interest to consult with a local tax professional.
 

Phoe

Member
Ok, then its possible that if he actually files his tax returns he may owe less tax than what the IRS has said he owes. He also has the chance to possible still get on a installment plan instead of garnishment. However, it still sounds like you are unfamiliar with the nitty gritty details of what happened therefore its still in his best interest to consult with a local tax professional.
Yes, that's what I figured, but was unsure about the issue of claiming dependents, which is what I was specifically asking about.

As far as not being familiar with the nitty gritty details, that's just not the case.

Thanks.
 

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