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Jon Andrews
Jon Andrews, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 3118
Experience:  I deal with all levels of tax planning and controversy - from the ordinary to the complex.
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941 Taxes incurred prior to marriage

Customer Question

Is a spouse responsible for 941 IRS Taxes of the other spouse if they occured prior to marriage. If the spouse who does not owe the IRS has purchased a house prior to the marriage, can the IRS levy the property....even if the other spouse is not on the deed.
Submitted: 11 years ago.
Category: Tax
Expert:  Jon Andrews replied 11 years ago.

The IRS cannot LEGALLY proceed against the separate assets of one spouse for the separate debts of the other. That will not necessarily stop them from trying or threatening. However, they do not have the power to force the sale of the property.


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Customer: replied 11 years ago.
Reply to Jon Andrews's Post: Thank you. I will double the amount, immediately if you can tell me if the same holds true regarding a savings account or 401K, and other such assets. What is your source. Did you take this from a Tax Code, a Tax Case, or ???????

Thank you for your prompt response.

Jerry McIntyre
Expert:  Jon Andrews replied 11 years ago.

The legality applies to all assets including cash, 401k, etc. The burden of proof will be on YOU to prove that any specific asset belongs to the non-debtor spouse. In the case of real estate and retirement accounts, that is relatively easy. In the case of checking accounts, savings accounts and similar assets, it may be a little more difficult depending on your specific circumstances.


Additionally you should NOT do anything that even appears to be an attempt to defeat the collection by "rearranging" assets. For example, if the debtor spouse uses separate money to pay down debt on real estate owned by the non-debtor spouse, you are creating a problem situation. The debtor spouse should keep all of their financial dealings as separate as possible from the non-debtor spouse.


This is established by tax code and court cases. The basic situation is not a gray area - but you can get yourself into gray areas by mixing assets, etc.


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Jon Andrews, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 3118
Experience: I deal with all levels of tax planning and controversy - from the ordinary to the complex.
Jon Andrews and 2 other Tax Specialists are ready to help you
Customer: replied 6 years ago.
I asked a question about a dog with a weak stomach. What does this have to do with a sick dog?
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I asked a question about a dog with a weak stomach. What does this have to do with a sick dog?

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