my 84 yr old mom owes the IRS 11,456K. This is due to forgiven debt from credit cards 16,682K plus 10K withdrawn from annuity to pay settlement, that was taxed. CC debt was incurred by my 60 yr old sister who became mentally ill and was committed 2X. She was an account holder on mom's acct. Sister was paying until it became impossible. Mom couldn't pay. Lives off an annuity that is down to 22K. Takes $1500 monthly plus her SSI to pay bills. Has about 1.3 yrs left of money. I have POA for mom. Called IRS said she had no money or assets. Put a freeze on account. However, she did have to give an admittance fee to get into an adult community. This is returnable on her death or moving. THere is no cash to pay them. Can they take her annuity? What about the money she paid to get into the community? That is not liquid and she does not own any property to sell. She rents. She does not have access to the money. Can they make her move to get the cash? Has no assets. Had stroke 2 yrs ago. Help
I am so sorry your Mom is having to go through all this with IRS. I suggest you go online to http://www.irs.gov/ and search for a Form 433-A under Forms and Instructions. Complete this for her and have her sign it and mail it into them. This form will show IRS where her money comes from and where it is spent. With that information, they may be willing to write off the balance she owes them. Revenue Agents and Revenue Officers have been told by the IRS Commissioner to allow more of these types of forgiveness of taxes because of the present state of the economy. Believe it or not they are showing more compassion for unfortunate circumstances such as your Mom's.Wayne Brasch40023.1350825231
When they put it on hold they sent me that form 433-A. My accountant told me i have to disclose the admittance fee into the adult community, which my mom does not get back unless she moves or she passes away. Can they take this money that is not available to us? She does not own the apartment, she rents it. SInce I have Power of Attorney if I don't tell them this is can I be perjuring myself? COuld they attach this debt to her estate?
I do not see why you would need to disclose the admittance fee on that Form 433-A since it is not available until your Mother moves out or dies. I think IRS cannot get to that money either. Perjury should not be a problem in this case as far as you are concerned.
Experience: Master of Science in Taxation. Tax experience since 1963.
Someone else also a. nswered me. They said that I should fill out a 982 for for insolvency. They also state that I must disclose the admittance money or it would be pergury becase I am the POA now i am totally confused and scared
A Form 982 would be good for the insolvency situation, but I still do not think it is necessary to disclose the admittance money since you nor anyone else cannot get to it now. Both the Form 433-A and the Form 982 should allow IRS to forgive the amount your Mother now owes them.