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R. Klein, EA
R. Klein, EA, Enrolled Agent
Category: Tax
Satisfied Customers: 2880
Experience:  Over 20 Years experience
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My husband and I owe IRS, from a business that we owned which

Resolved Question:

My husband and I owe IRS, from a business that we owned which is now not in existance. It is a civil trust penalties. We went in to talk with an agent and we both filled out an offer in compromise back in 2004. I filled one out for the full amount owed the IRS and my husband did the same. They accepted my offer and it was paid off in 2008. They did not accept my husbands. My question is this...The amount owed the IRS never changed after I paid off my OIC, and since I filled out the OIC for the full amount owed, why does my husband still owe for the full amount?
Submitted: 1 year ago.
Category: Tax
Expert:  R. Klein, EA replied 1 year ago.

Randalltax :

If you have settled with the IRS on an Offer in Compromise and paid all of the amounts as agreed and continued being current with the IRS for an additional 5 years, the debt should be permanently discharged.

Randalltax :

I'm not certain why both you and your spouse filed separate OIC offers. Were you not married at the time of the offer?

Customer:

yes we were married, the agent is the one that had us fill out seperate OIC. I assumed it was because it was business payroll taxes. So does that mean my husband doesn't owe the IRS?

Randalltax :

I don't know. What state do you live in?

Customer:

West Virginia

Randalltax :

Oh, sorry, it shows WV.

Randalltax :

This is not a community property state, so the debt should have been extinguished and not carried separately unless you made the offer based on separate assets and income.

Randalltax :

In that case, each person would be liable for their own half of the debt.

Randalltax :

Did you file an OIC based on inability to PAY or disagreement to the debt itself?

Customer:

inability to pay and all our personal finances were combined for the financial forms.

Randalltax :

Then it should have been removed.

Customer:

Do you mean my husband should not owe the IRS?

Randalltax :

I would start by contacting the OIC office to verify that the case was dismissed. It may be difficult to get hold of them, but the Memphis Service Center should handle your area.

Randalltax :

If you met the terms, then neother should owe the IRS.

Randalltax :

You may also wish to contact a local Enrolled Agent who specializes in tax problems. He can look at the account records online to see the status as well.

Customer:

I have the letter where I paid off my OIC. I don't understand Erolled Agent? And where would I find one?

Randalltax :

EAs are licensed by the US Treasury. They are bona fide tax experts and have the same power with the IRS as a CPA, only they specialize in tax.

Randalltax :

The NAEA (www.naea.org) has a list of member EAs you can check.

Randalltax :

When did you pay off the OIC?

Customer:

2008, I have a copy of the letter at home, and they removed all liens against my name but not my husbands.

Customer:

Is there anyway I can print our conversation?

Randalltax :

You can capture it and copy to a word processor.

Randalltax :

If you completed paying in 2008, it should be clear, or at least by 2013 (5 years).

Randalltax :

You probably can also contact the IRS lien group to see about removing the lien. Based on what you have said so far, your husband should have no separate liability.

Customer:

I cannot thank you enough!! You are a god send. I really wish that I would have come to this website instead of contacting this JG Tax Group...I think I was ripped off. God Bless You!

Randalltax :

you wouldn't be the first to complain about that company.

R. Klein, EA, Enrolled Agent
Category: Tax
Satisfied Customers: 2880
Experience: Over 20 Years experience
R. Klein, EA and other Tax Specialists are ready to help you
Expert:  R. Klein, EA replied 1 year ago.
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