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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13119
Experience:  15years with H & R Block. Divisional leader, Instructor
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My husband his boss have been living off credit cards for 7yrs.

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My husband his boss have been living off credit cards for 7yrs. They are being audited by the IRS. I assume the both owe the IRS a considerable amount of money. I have just been made aware of this last night. If there is nothing held in joint names , can the IRS put liens on my property or seize any money in my name only.

Robin D :

Hello and thank you for using Just Answer,
If you have not filed joint returns with your husband and are not involved in the business then you personally woudl not be liable for any taxes. Any property you hold jointly with your spouse would be attached but just his portion would be under the lien.

Robin D :

The community property states are:

  • Arizona

  • California

  • Idaho

  • Louisiana

  • Nevada

  • New Mexico

  • Texas

  • Washington

  • Wisconsin

In all of the community property states, in some circumstances, it is possible to serve a levy on the nonliable spouse’s salary or wages to reach the liable spouse’s community property interest.

Robin D :

Massachusetts is not a community proeprty state.

Robin D :

property* sorry

Robin D :

Please let me know how you have been filing with your husband (joint or separate) fo rthe years in question.

Robin D :

If you have filed joint returns you may still be afforded relief because of the circumstances.

Robin D :

By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse improperly reported items or omitted items on your tax return. Generally, the tax, interest, and penalties that qualify for relief can only be collected from your spouse . However, you are jointly and individually responsible for any tax, interest, and penalties that do not qualify for relief. The IRS can collect these amounts from either you or your spouse.

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If you could respond and let me know if you can view that would be helpful.

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I will change now to Q&A please see the My Questions section for all posts so far.

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Customer: replied 3 years ago.
Have been married for 5yrs. Did file jointly 3yrs. Can the IRS put liens on any of my property or sieize any money. I am 70 yrs old.
If your personal returns are found to be fraudulent then they could. This is because generally you are both liable.
You would want to file for Innocent spouse relief because of his hiding any income from you.
There are three types of relief from joint and several liability for spouses who filed joint returns:

Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits.
Separation of Liability Relief provides for the allocation of additional tax owed between you and your former spouse or your current spouse from whom you are separated because an item was not reported properly on a joint return. The tax allocated to you is the amount for which you are responsible.
Equitable Relief may apply when you do not qualify for innocent spouse relief or separation of liability relief for something not reported properly on a joint return and generally attributable to your spouse. You may also qualify for equitable relief if the correct amount of tax was reported on your joint return but the tax remains unpaid.

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