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Wendy Reed
Wendy Reed, Enrolled Agent
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what tax for to file I have a tax levy from 2006 i was not

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what tax for to file I have a tax levy from 2006 i was not married to my current wife then, she is the sole income earner and they want to take her return to settle that levy, i need to know what form to file that stops that
Submitted: 6 years ago.
Category: Tax
Expert:  Wendy Reed replied 6 years ago.

Hi,

 

You are referring to the Injured spouse form, Form 8379. She is the injured spouse, since you have the prior debt. However, when you use this form, the IRS decides how to allocate income, deductions and credits, and may still take more of the refund than desired.

 

You may alternatively file married separately, so that she will receive a refund but they will not seize her refund---and then later amend the return to married joint, and if there is any refund after that, they will most likely seize it (however you can still use Form 8357 when you amend the return). At least this way you can slightly control what they seize and when.

Wendy Reed, Enrolled Agent
Category: Tax
Satisfied Customers: 3346
Experience: 15+ years tax preparation and tax advice.
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Wendy Reed
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