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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 12214
Experience:  Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
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i have just completed divorce settlement trial in jan 2013.

Resolved Question:

i have just completed divorce settlement trial in jan 2013. the judge said i owe my ex $350k and that i have 300 1-pound gold coins in my possession. both statements are untrue. my husband was in business for himself, has created a irrevocable trust to shield his assets, put my separate property the judge awarded him in the irrevocable trust so much is wrong i cant begin to frame my question. my ex tipped his hand last week and intends to file for innocent spouse status. the taxes are to be shuffled to me. i am almost 70 years old, homeless, dealing with cancer recovery (my attorney was denied community funds to represent me during trial and i was required to represent myself while facing cancer operation and post treatments) trying to live on the social security balance of $860 a month. i would beg the irs to audit our account. my ex has not paid taxes and earns approximately $500,000 in 2010, 2011 and 2012. the judge also awarded french money from a business in france and the money is still there. my ex is going to france this sat to retrieve the money. I am hiding from my creditors at present. I am hoping the irs will at least step in, confiscate the over $100k that my ex is going to france for and use it for our taxes. i cant pay anything to anybody. the judge even awarded my cars to my ex and left me with a fifth wheel to live in. i cant afford the utilities or space rent. im so tired. please help me.
Submitted: 1 year ago.
Category: Tax
Expert:  Megan C replied 1 year ago.

MyVirtualCPA :

Thank you for your question, and thanks for using JustAnswer.com

MyVirtualCPA :

How are you today?

MyVirtualCPA :

I am curious about what your actual question is. Are you wanting information on how to get the IRS to audit your tax returns?

MyVirtualCPA :

You would fill out form 3949-A to alert the IRS of this issue http://www.irs.gov/pub/irs-pdf/f3949a.pdf

MyVirtualCPA :

If you have not filed tax returns for those years, I would go ahead and file separate returns. Then you cannot be held liable for your husband's tax debt

MyVirtualCPA :

Then, I would have your attorney work with you and the IRS to obtain innocent spouse relief for yourself

Customer:

but can the irs stop my ex from bringing in over $100k to US in cash. france wont issue us currency. i seem to recall a $10k limit on cash transferred from country to country. the money involved would help debt owing to irs. i dont think i qualify for innocent spouse status. i deposited funds, opened accts and tried to pay tax and mortgage accts or in other words i made up a simple bookkeeping system and ex refused to participate so it all lands on me even if ex insisted on the system and it becomes he said-she said. after having to work with his accountant and watch him walk into next room, and destroy a third or more invoices to avoid taxes, when i got a chance i hired staunch toe the line catholic woman for taxes and when she died i hired another severely honest accountant who fired her clients for cheating. it was my fault for being so ignorant of accounting procedures...never occurred to me to discuss french property or purchasing metals. I was just happily trying to put dollars into an available investment that avoided paper inflation. i want the irs to audit our account and tell me what i did wrong and get as much resolved before i die. this whole thing is hanging on me and as to my atty. i can barely afford to eat. lawyers are not notorious for working for impoverished individuals. i am going to check that form you suggested... i wanted to know how i can deal with the irs face to face- a real discussion, a look at the paperwork i have to offer and hopefully, a block on my ex taking more money the judge awarded him and not paying on joint debt to irs. pat

MyVirtualCPA :

So he is getting actual currency? He will be traveling with $100K cash?

MyVirtualCPA :

He can take an unlimited amount with him into the country, but he will have to fill out FINCEN 105 and declare the funds when going through customs. CLICK HERE for the form.

MyVirtualCPA :

The IRS will not stop him from bringing the cash into the country, unfortunately

MyVirtualCPA :

You can go to your local IRS field office and speak with agents there. They will be able to assist you with this.

MyVirtualCPA :

The IRS, if they determined that you owe back taxes, would have the power to seize any bank accounts he had. It would be difficult or nearly impossible for them to seize currency

MyVirtualCPA :

They can also get liens against his property.

MyVirtualCPA :

It's not easy to get innocent spouse relief.

MyVirtualCPA :

If you are in the type of condition that you say you are in financially, you would be placed in currently not collectible status and the IRS would not mess with you.

Customer:

have you concluded answers re issues? when i run cursor over rating it states "...expert has not finished answering." have tried to research family court jurisdiction over foreign business (equal partnership) regarding the disposition of money from sale of french partnership prior to filing of divorce.

MyVirtualCPA :

I had answered that the IRS could not stop him from bringing cash into the country, but that customs would require him to declare the cash if it is in excess of $10,000. If he gets caught with undeclared cash, he risks losing it.

MyVirtualCPA :

You can contact your local IRS field office to discuss your issues regarding your tax account.

MyVirtualCPA :

I could not advise as to the jurisdiction of the family court over foreign business because I am a tax expert. I do not have expertise in the area of family law.

MyVirtualCPA :

Is there any area of your question that you feel that I have not addressed? IF so, please reply to me below

MyVirtualCPA :

Do you feel like I have provided you with excellent service tonight?

Customer:

no. thank you. do well and take care...pat

MyVirtualCPA :

How may I earn your excellent service rating tonight?

MyVirtualCPA :

I'm willing to stay up with you until you are satisfied with the service you have received

Customer:

as well as you can since i have veered out of your expertise. thank you for offering. i feel like i am taking advantage of you for the amount of time given versus compensation. the proceeds from the partnership sale would be community. if judgement states all community is awarded to ex then i guess family jurisdiction supersedes foreign law just requires additional paperwork. thank you for pointing out the forms and yes i will select the excellent rating. thanks

MyVirtualCPA :

OKay please try again.

Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 12214
Experience: Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
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