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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Unknowingly I contracted mercury

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Unknowingly I contracted mercury poisoning at a severe level. It was discovered in 2002. It took a few years to remove. In 1999, I was mentally incapable of organizing my tax income/deductions for my CPA. I have been self employed since 1975. Always paid taxes on time and frequenly got refunds, some sizable until 1999. Form 99" to 2004 I could not file and called IRS to let them no of my disability. I also left my car running in the garage in 2002 and passed out. Taken to the ER, the Dr said my toxic count of carbon monoxide was 24.6. Any amount over .04 or .02 is toxic. He said I should be dead. My question is regarding back taxes owed and my IRA retirement account. IRS has a lien on me. I have no other assets because I was in a snow skiing accident, that later complications caused me to become 70 to 90 % paralyzed with blood pressure 60/40. Put in Mayo Clinic for 27 days a few years ago. Upon release, the Dr told me if I came back to may home in Fl I would die. Would a family member take me in to live. Brother in NC took me to live. A year later I started to recover and am now no longer paralyzed. From 2003 to 2010, I was in NC rebuilding endurance. Am able to work some again in sales, which has been my life since college. Came back to Fl in 2010. I am having some relapse, affecting work. QUESTION: May I transfer my IRA to my wife, whom I married May 2010. I understand there is an unlimited amount that can be transfered from spouse to spouse. This is my only asset. I lost everything else while ill to garage sales for money. My disability policy did not pay or I would have received $160,000 a year. I use to make good money. Last year less than $16,000. Income has dwindled every year for 10 years. I recently had to file bankruptcy. had to file bankruptcy Thanks for your help Ted XXX

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry to say that if there is an IRS lien, any transfer of any asset would be capable of being reversed by the IRS and they will recover the money. Thus, even if you transfer it to your spouse, the IRS will get the money.

The best recourse in these cases is using a tax attorney to try to negotiate a reduction in the taxes/penalties/interest due and in a vast number of these cases the IRS will take considerably less (sometimes up to 30 cents on the dollar).

The only other recourse, which I am presuming was not available to you because the IRS is claiming this to be fraud, would have been to seek to include the back taxes in your bankruptcy based on your severe hardships as you described above. In order for it to have been fraud though, you had to have the actual intent to defraud and if you were not mentally competent you could not form such an intent, so you had an argument to disprove the IRS claims of fraud.

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