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My mom is 76 years old and diagnosed with Alzheimer disease.

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My mom is 76...

My mom is 76 years old and diagnosed with Alzheimer disease. She has not had to file taxes in many years. Probably 20 or more. When my dad passed away things became extremely tight on her and she had a credit card that she had been paying on and could not do it any longer. My sister and I talked her into just defaulting on the card because it was causing such a struggle for her. She defaulted in 2013. This year she has received letter from both the IRS and State treasury that she has to pay this ridiculous amount of money in the form of taxes on this forgiven debt. She receives only $800 a month and now stay in a state of turmoil because she cannot afford another bill. Otherwise, she would have certainly not defaulted on a credit card that she had for decades and always paid. Is there anything that can be done legally to protect her and her social security from being garnished? I'm desperate to help her.

Accountant's Assistant: The Accountant will know how to help. Is there anything else the Accountant should be aware of?

I think that just about covers it. Thank you

Submitted: 4 months ago.Category: Social Security
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3/9/2018
Social Security Expert: ABC Accounting Group, Certified Public Accountant (CPA) replied 4 months ago
ABC Accounting Group
ABC Accounting Group, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 889
Experience: Business Consultant/Accounting Manager
Verified

Hi. Great Question and sorry to hear about this. First, she should not be garnished if you do one of the following:

I would first try to get a tx lawyer. There are ways to do an offer in compromise, which lowers the bill tremendously. Here is some information on Offer in Compromise - https://www.irs.gov/taxtopics/tc204

You probably should go with the above. However, the tax department allows installments. Here is some information on signing up for an installment plan - https://www.irs.gov/payments/online-payment-agreement-application

You have options; do not worry. Don't wait, either - the tx department can garnish up to 15 percent of her social security benefits each month, until her balance is paid in full.

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Social Security Expert: ABC Accounting Group, Certified Public Accountant (CPA) replied 4 months ago

If you do not want to go to a lawyer - you can do the Offer of Compromise or Installment Plan on your own.

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Social Security Expert: ABC Accounting Group, Certified Public Accountant (CPA) replied 4 months ago

Let me know if this helps and if you have any questions. Thank you.

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Customer reply replied 4 months ago
Thank you, ***** ***** help tremendously. I have another question, is it possible to file a form 982 for the year of 2013 to show she had no assets? Is this generally considered at all?
Social Security Expert: ABC Accounting Group, Certified Public Accountant (CPA) replied 4 months ago

I would give it a try. It does not hurt.

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