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 Megan C Your Own Question

Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 14426
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
23669918
Type Your Tax Question Here...
Megan C is online now
A new question is answered every 9 seconds

I have a tax IRS debt question involving my divorce. My soon

Resolved Question:

I have a tax IRS debt question involving my divorce. My soon to be ex husband and I owe the IRS for past taxes, $13,261 for 2010 and another $4,093 for 2011. He has agreed to pay these in our divorce settlement. This amount that is due is from him purchasing a home prior to our marriage in 2010 in which he cashed in on his 401K and from him claiming too many deductions on his W9. My income was around $35,000 per year and would never warrant this amount of taxes being owed. His income was around $120,00 per year. We did file married filing jointly and I did sign the tax forms.

I've recently received notification from the IRS stating that if I don't respond by July 12th they will be levying them from me. I've been in contact with my estranged spouse and he claims that he has "stopped" the IRS from attempting to garnish our wages by filing a 47 page document justifying what he's able to per month.

I've been told that I don't qualify for the Innocent Spouse relief, but would really like to know for sure. Desperate for answers to get them off my back and have my estranged spouse pay as he has agreed.

I do not have any real estate in my name nor ability to benefit from the sale of the previous home back in IL

Thank you!
Submitted: 1 year ago.
Category: Tax
Expert:  Megan C replied 1 year ago.

MyVirtualCPA :

Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

MyVirtualCPA :

According to your statement, your ex spouse has agreed to pay the tax debt as it relates to your joint obligations

MyVirtualCPA :

Even though he has agreed to this, the IRS can still look to you for payment

MyVirtualCPA :

BUT you would talk to your family attorney and tell them about your sitaution. Since your husband agreed to pay these payments, the family court system can make him pay this, or pay you back for what you had to pay

MyVirtualCPA :

Now, to get innocent spouse relief there would have to be erroneous items on your tax return (such as unreported income or overstated expenses) that you did not know about, or did not have reason to know about

MyVirtualCPA :

and at the time you signed the return you thought it was true and correct

MyVirtualCPA :

Now, if you file a correct return and there's just a liability then you both have to deal with that liability

MyVirtualCPA :

Publication 971 deals with this: http://www.irs.gov/pub/irs-pdf/p971.pdf

MyVirtualCPA :

But, in your case your relief will come from the court with jurisdiction over the divorce. The IRS operates under federal law, and they don't have to go by what's on your divorce decree

Customer:

I was aware that the what it agreed to in the divorce papers re:the tax debt doesn't matter to the IRS.

MyVirtualCPA :

How to have your estranged spouse pay is to get relief from the court with jurisdiction over your divorce

Customer:

What about the ex making payment arrangements with the IRS? Will they just accept his re-payment?

MyVirtualCPA :

Yes, if he makes payment arrangements with them they will stop coming after you

MyVirtualCPA :

because they will have a payment plan on that debt

Customer:

When I contact the IRS is there anything I should be careful not to discuss?

MyVirtualCPA :

Well when you contact them just talk about the agreement you had with your ex, and just keep the topic on the tax debt owed. That's it

Customer:

will they acknowledge such said agreement that the ex has made with them?

MyVirtualCPA :

They should acknowledge a payment plan agreement that is made on a joint debt

MyVirtualCPA :

they would not acknowledge a payment plan on anything he has while filing on his own

Customer:

To be honest, after my bills are paid I don't have any money to pay them. I'm afraid that they'll try to force me into paying on this too.

MyVirtualCPA :

They can say what they want to scare you, to get you to pay, but in the end you can find relief through the court where your divorce took place

MyVirtualCPA :

They are more likely to go after him, though because he actually has assets

Customer:

Our divorce hasn't been filed at this point in time

MyVirtualCPA :

Once that takes place, if he's agreed to pay the bill then there are no worries. Ultimately he has taken responsibility for this debt

MyVirtualCPA :

So I wouldn't worry too much

Customer:

But I do still need to contact them as indicated in this letter, correct?

MyVirtualCPA :

Yes, I would definitely contact them as it says in the letter

MyVirtualCPA :

and explain the situation to them

MyVirtualCPA :

Is there anything else you need assistance with tonight?

Customer:

Ok, thank you. I've been dreading to make this call to them, but you have answered my concerns. And I like that you added that he assets and that would be more likely to go after him.

MyVirtualCPA :

Yes, they are more interested in income and assets. If you have none, they tend to leave you alone.

MyVirtualCPA :

I'm glad I could address your concerns. If you would, please take a minute to rate my response as "excellent" so that I may receive credit for assisting you today

Customer:

Thank you again!!

Customer:

Will do!

MyVirtualCPA :

You're welcome. Have a great night

MyVirtualCPA :

Please use the rating feature located at the bottom of your screen

Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 14426
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
Megan C and 4 other Tax Specialists are ready to help you

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.