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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37959
Experience:  Retired (mostly)
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I was divorced in September 2013. I received a 1099Misc for

Customer Question

Hi,
I was divorced in September 2013. I received a 1099Misc for $45000 from my ex husbands closely held corporation at the end of the year after the divorce was over. I never received or billed any money during any years of our marriage(6). He has been very vindictive since divorce, and I try to stay away from him. In my divorce depositions, he stated I had nothing to do with business, but in depositions in 2014 when I was trying to collect 1 of the six alimony payments he missed, he states that the 1099 was for things I took from the house and and other things that were all part of the marital distribution. How should I handle the bill I got from IRS even though I filed a form with my taxes explaining why I did not include the amount in my taxes. If I got the money from the company I would have no problem paying tax. Please keep in mind that I am foreign on a PR green card. I am at my wits end, because I am stopping work to go to school. I have not even attacked the I864 yet.
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.

Hello,

On what date did you receive the notice of determination of tax liability?

What is the form number you received?

Customer: replied 1 year ago.
cp2000
Customer: replied 1 year ago.
September 21, 2015
Expert:  socrateaser replied 1 year ago.

Okay, thanks.

A CP2000 is not a bill. It's a notice of proposed changes to your tax liability. You have 30 days to reply to the notice with your explanation of why you should not be liable for the additional taxes. Obviously, if you were never paid by your spouse's corporation, then the 1099Misc is erroneous, and your explanation may be sufficient. If not, then the IRS will send you a Notice of Deficiency, and that is the tax bill. At which point you would have 90 days to petition the U.S. Tax Court for a resolution of the dispute.

The CP2000 should provide you with instructions on the minimum response, and how to return your response. I suggest that you may want to send the letter certified mail, so that you can prove it was sent and received.

That's pretty much the whole process at this point.

Note: If it makes you feel any better, I've received CP2000 notices in the past for more than $100,000. I have provided a careful explanation of why the amount to be assessed is erroneous, and the IRS has accepted, and cancelled the entire proposed bill. So, just be really careful and thorough with your explanation.

And, timely -- your response must be received by Oct 21.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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