How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Shawn P Adamo Your Own Question

Shawn P Adamo
Shawn P Adamo, Retired CPA
Category: Tax
Satisfied Customers: 1279
Experience:  Retired CPA
15641319
Type Your Tax Question Here...
Shawn P Adamo is online now
A new question is answered every 9 seconds

I need case law on interceding where my spouse wants to enter

Customer Question

I need case law on interceding where my spouse wants to enter a lawuit with me againist the IRS so that I can carry his losses on my prior taxes for years 2000, 2001, 2002, 2003

I have been audited by the IRS and they are trying to deny me taking my spouses lossses by not allowing me to file as MFJ or MFS when they know I have provided them proof that I am married to him.
Submitted: 3 years ago.
Category: Tax
Expert:  Shawn P Adamo replied 3 years ago.
Chat Conversation Started
Shawn P Adamo, QFP, CPA/P :

I'm not sure the issue is the status of your marriage. Why do you believe YOU would be allowed SPOUSES losses unless filing joint?

Customer: replied 3 years ago.
Relist: No answer yet.
I need case law(s) on interceding or intervening where my spouse wants to
enter a lawuit with me againist the IRS (TAX Court) so that I can carry his
losses on my prior taxes for years 2000, 2001, 2002, 2003 I was married to him
during this time frame and still is married to him.
>>
>> I have been audited by the IRS and they are trying to deny me taking from
taking 1/2 of his losses ( I live in Texas). All of my spouses losses are
legimate IRS has confirmed.
I need an answer in a couple of days
Expert:  Shawn P Adamo replied 3 years ago.

YOU cannot claim HIS losses (NOT EVEN 1/2) if you are MFS.

 

If you and he refiled as Married filing Joint then he could take all his loss.

 

I realize this is not what you WANT to hear but that's why the IRS will never allow YOU to take HIS losses...

 

I believe this answers your question(s). If not, please let me know.

Attachments are only available to registered users.

Register Here

 

If you understand my response, please *Accept

Customer: replied 3 years ago.

I know if we file jointly I can take 1/2 of his losses that is not the issue ... I am in negotiations with IRS tax court attorney (prior to tax court) who asked me to bring in all our paper work to substantiate our losses and rtns that a Revenue Agent had us prepare per audit as MFJ for the years listed earlier in my prior questions. The Revenue Agent agree to a 50/50 split but 2 weeks later after he received them from me he said according to statue he could not allow the split. ( I spent over $10,000.00 getting the returns prepared (partnership returns and individual) So I went through the process of the IRS and thus ended up pre- tax court negotiations. The tax attorney agree to let me take 1/2 of my spouses loses ( 50/50 split) and to allow us to file as MFS and according to a law he said in 2000 or 2002 I could go back 5 years on the NOL.. After it was found by the tax attorney for IRS through an analysis of my spouses business documents that his losses were much more than anticipated ( Net income losses over $400,000) the attorney decided to not allow us to file MFS but for me to single. ( He went back on his word. ( Is a verbal contract just as good as a written one)?

If I file single per the statutory notice of IRS I will owe.

Expert:  Shawn P Adamo replied 3 years ago.

I understand the revenue agent (IRS Employee). When you say the "TAX ATTORNEY" are you still referring to the IRS agent ?

I believe so.

 

When you say the attorney decided not to "allow us to file MFS (married filing single?) but for me to single......do you mean he said we could NOT file Married Filing JOINT and I had to file Married Filing Single?

 

If I am understanding what you said ....You were in pre court with the IRS agent/attorney and he said (at first) you could file married filing single and take 1/2 the loss THEN he changed his mind and said "no deal" you have to file as married filing single but can't take 1/2 the loss"

 

I just need to be clear.

 

I believe in the end you WILL have to file married JOINT to get the entire loss...The fact that the IRS "changed his mind" is of no consequence as you did not have anything in writing. He may even say you misunderstood. At the end of the day I would ask for his/her supervisor and explain your situation. Bet the IRS agent/attorney tells a different story than you do (just wait and see)...



Edited by Shawn P Adamo, QFP, CPA/PFS, CRPC on 10/7/2010 at 12:25 AM EST
Customer: replied 3 years ago.

IT IS THE CALL OF THE TAX ATTORNEY WHO IS ANALYZING THE CASE TO SEE IF SETTLEMENT CAN BE REACHED, IT CANNOT DUE TO HIM CHANGING HIS MIND. BY THE WAY HIS SUPERVISOR WAS IN THE MEETING WHEN HE SAID I COULD TAKE 1/2 OF MY SPOUSE'S LOSSES. NO IT IS NOT IN WRITING BUT I HAVE 2 OTHER WITNESSESS THAT WERE PRESENT AT THAT MEETING AND HEARD WHAT HE SAID. MY DILEMA IF A CASE LAW WOULD JUSTIFY A VERBAL AGREEMENT BEING JUST AT LEGIMATE AS A WRITTEN ONE. FACT ALL PARTIES THOUGHT THE PERSUMED LIABILITES TO BE ASSESSED WERE CLEARED UNTIL THE CHANGE OF MIND. I KNOW ANYONE CAN CHANGE THEIR MINE

Expert:  Shawn P Adamo replied 3 years ago.
in this case verbal does not suffice. Who were the other witnesses?
Customer: replied 3 years ago.

My spouse and my IRS representative (is a CPA and a recently retired Appeals Settlement Officer/ Revenue Agent). Myself and the attorney analyzing the case and his boss.

 

Expert:  Shawn P Adamo replied 3 years ago.

too bad. You vs all the IRS. You lose. They will deny or claim change of mind...sorry...ps. Do not refer to IRS agent as "my IRS representative"...that's confusing...sounds like he is FOR you instead of against you.

 

Ask the IRSupervisor (for an answer in writing) why the agent changed his statement..

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3052
    15+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3229
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    6121
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2783
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2231
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.