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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
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Experience:  10 years experience
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I was audited as a self-employed tax preparer and owed 40K

Customer Question

I was audited as a self-employed tax preparer and owed 40K for the 3 yrs. I was charged another 60K in penalties for wrong filings. All of this was recorded in 1994 and 1995 by the PA court house. My wife was never audited. We are legally married but have been physically separated for 25 yrs. My wife and I filed separate 1040's for 1988, 1989, 1990. In addition we continue to file separately.
I have several question. Please answer with the coordinate numbers.
(1) If I die while still legally married can the IRS lien of 100K recorded at a Pa county Courthouse be levied on my wife, adult children or the home itself? The house was deeded to my wife in 1991.
(2) If we both die, can the IRS
a. levy a Special Needs Trust left for our son.
b. hold my intellectually disabled son liable.
c. levy against my adult daughter.
d. levy against the sale of the home.
(3) Would a U.S. divorce protect my wife and adult children? Or Would a Trinidad divorce protect my wife and adult children? My wife and I are Trinidadians and were married in Trinidad.
Submitted: 1 year ago.
Category: Tax
Expert:  CFEPro789 replied 1 year ago.
1) If you did not file joint tax returns, then no the IRS cannot lien your wife individually, but if you owned joint assets on which the lien attaches, they can collect against 1/2 of those assets. 2) If you both tie, then no the IRS cannot collect from the trust or hold your son liable (however if you contributed to that trust after the IRS lien was in place they can technically go after the trust's assets, but they are very unlikely to do that unless it was extremely egregious, especially since your son is special needs). 3) No divorce is going to protect them any better, if you didn't file a joint tax return with your wife and she is not liable for the taxes, then the IRS cant go after her or your children. They can collect against your taxes only, and if something hapens to you they will take your assets to paythe tax debt, but if you don't have assets to pay, then the debt will go away Additionally, an IRS tax lien lasts ten years, so if you were audited in the 90s, and the IRS hasn't been able to collect, the Collection Statute should have expired and the liens should be gone.
Customer: replied 1 year ago.

The Special Needs Trust came from my wife's retirement in 2014 (It did not come from me).

About 5 yrs ago, IRS levied $100 monthly from my $860 soc. sec. check but stopped after a few months. I presume its because $858 is exempt being single with no dependents.

The County Courthouse in Pa still shows the $100K lien. No release is shown, even after 20 years without payment from me. How can I get IRS to clear the courthouse records.

Expert:  CFEPro789 replied 1 year ago.
The trust money is safe then, the IRS lien if you go get a copy of it should say that is self-releases on a certain date, tenyears from the date the tax was assessed, the IRS won't "release" the lien if its not full paid, but it essentially expires. It should be self released by now, if they ever try to levy you again, call(###) ###-####and appeal, or call taxpayer advocate (search for IRS Form 911) which will explain how to contact them. This lien should not still be in place.
Customer: replied 1 year ago.

Will the Montgomery County Courthouse in Pennsylvania give me an actual hard copy of the IRS lien. If not where will I be able to get a copy.

Your answers have been especially helpful. Send me a link, so I can leave a tip. Thank you.

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