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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 10383
Experience:  Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
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prior to our marriage my husband lost his job and emptied his

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prior to our marriage my husband lost his job and emptied his 401k, without my knowledge he didn't with hold taxes or pre-penalty. When it was time to do our taxes, he didn't want to pay so he didn't declare that income. We were married when it was time to file, and we filed jointly. When we received the bill from the IRS we set up a payment plan. 3 months ago he left me (yeah, this guys a winner) and closed our joint checking account which was linked to the auto IRS payment. I just filed for divorce, is there anything I can do to make him accountable for the payment? Yes, we filed jointly and jointly agreed to pay back.
Submitted: 8 months ago.
Category: Tax
Expert:  Megan C replied 8 months 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 :

How long ago did the 401(k) incident happen?

Customer:

2011. We agreed to pay april 2013

MyVirtualCPA :

When did the IRS ask you for tax? Was it in 2013?

Customer:

yes

MyVirtualCPA :

Okay. There are three different remedies that you could consider: innocent spouse, separation of liability, and equitable relief

MyVirtualCPA :

I do not believe you qualify for innocent spouse, because you would have reasonably known that he withdrew the money from his 401(k) at the time he did so

MyVirtualCPA :

You can't file for separation of liability relief until you are legally separated or divorced

MyVirtualCPA :

But, once you are divorced, you could file for separation of liability relief and claim that it would be unfair to hold you responsible to pay tax on his 401(k) withdrawal

MyVirtualCPA :

If granted, then you would be excused from liability on that tax item.

Customer:

thank you. the other small problem is that I had one smaller withdrawl also. but his amount was so large it also added an extra fee. He withdrew 20k and mine was 4k

MyVirtualCPA :

But you paid tax on your withdrawal, correct?

Customer:

i don't think it was enough. but yes i paid some

MyVirtualCPA :

Okay - you would just ask for separation of liability on the $20,000 withdrawal

Customer:

what is equitable relief?

MyVirtualCPA :

It's for when you don't qualify for innocent spouse or separation of liability - it's when you say that holding you responsible for the tax debt would not be fair

Customer:

oh ok. thank you very much!

Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 10383
Experience: Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
Megan C and 6 other Tax Specialists are ready to help you
Expert:  Megan C replied 8 months ago.
Thanks, Sarah for your positive rating. Please come back and visit MyVirtualCPA for any of your tax, finance, or social security needs. It was a pleasure working with you today

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