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IRS/bankruptcy/innocent spouse???

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Junior Member
What is the name of your state? Missouri

Long story short...My husband owed the IRS in excess of 100,000 from several years ago. He was an independent contractor. He made the money, did the tax returns and *ASSUMED* she mailed the checks. By time he found out she didn't, the money was gone and he was hugely in debt.

About 1 1/2 years ago he filed bankruptcy because of all the debt from her and the divorce. After much researching we found that we could include the IRS debt if he met all the criteria which he did. The bankruptcy was discharged last year. We never received anything from the IRS about it or after that so we thought it was taken care of. In the past years they has withheld his tax refund but we received it this year reinforcing the thought.

Flash forward to a couple months ago. We received a letter from the IRS stating that his ex-wife was requesting innocent spouse relief. After reading up on the requirements to get the innocent spouse we didn't think she stood a chance but we filed the paperwork they requested regarding information about the tax years and he thought they shouldn't grant her the relief. Well according to the letter we received today, they are going to grant her relief and that if they did, he would be held solely liable for the debt.

My questions are this...can the IRS come back after the bankruptcy and try to collect the debt? ANY thoughts, help would be greatly appreciated. We can't afford an attorney but looks like we are going to have to get another one anyway...

cross posted under tax law also...


Senior Member
I don't think so. Not even the IRS can violate the permanent injunction of his discharge to collect on a discharged debt. If he met the criteria for dischargability of the taxes ie; tax returns FILED and tax debt 3 or more years old (simple version), then the tax debt was discharged. My guess would be that what you got was a form letter and whoever sent it to you isn't aware that the tax debt was discharged in his bankruptcy.

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