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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 10173
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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I am currently divorced. As part of the divorce settlement,

Customer Question

I am currently divorced. As part of the divorce settlement, my ex husband assumed all of the debt pertaining to the house. Part of this was approximately $6000 that we were charged for a first time home buyers program. Although he never purchased a home, they said he was not eligible. Anyway, part of the debt of the house was that $6000 owed to the IRS. The IRS has taken my tax return as payment for this debt. I filed for innocent spouse over a year ago and keep getting letters saying they will review in another 240 days. Before the divorce, my ex emptied my bank accounts, sold all my stock, made me empty my 401k and made me short sale a condo I purchased before we were married. I finally have a good paying job and although this refund wasn't extremely large, next year should be $4000 to $6000 if things continue how they are going. I cannot afford for them to continue using my money to pay for his debt. What can I do?
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.
This is the CLASSIC reason for innocent spouse relief.
Not to make light ... but you are the POSTER child for innocent spouse relief.
What's happened here is the system has just captured it, as it always does when there was a joint return, and they're dragging their feet on granting it (as they always do - even worse right now with resources being stretched) and getting it into the system.
A professional ... a CPA, even better a tax attorney, who has the special access for these issues is your best bet.
Based on what you've said here they'll be able, not only to get it granted and into the system, but get it granted effective the day you requested and get you a refund.
Sorry for no simple answer here, but the real-world answer is get some hep from a tax pro that has experience with ISR and this should go away relatively quickly.
Not sure where you are, but this is an example of of the kind of person you're looking for...
http://judismithlaw.com/2013/10/02/not-eligible-for-innocent-spouse-relief-try-separation-of-liability/
Let me know if you have questions...
Lane