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Wayne Brasch
Wayne Brasch, Accountant and Business Consultant
Category: Tax
Satisfied Customers: 1298
Experience:  Master of Science in Taxation. Tax experience since 1963.
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3 times my O.I.C. has been rejected because My new wife ...

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3 times my O.I.C. has been rejected because My new wife makes good money, whilst I am on Social Security Disabilty. We have a Calif. prenuptual agreement which stipulates neither of us will accumulate community property. It satisfies the laws of Calif. The IRS rules that CA is a Community property State and they can expect My current wife who had nothing to do with my IRS tax liability should pay 50% of my taxes due. I believe they are wrong. So long as they take this position, I will never get an O.I.C. approved. I quotes from their closed OIC which shows the absurdity of ther assumptions, which I will add into my next post. Meanwhile has there been any ruling or adjudication precedent that overrides their position?
Submitted: 9 years ago.
Category: Tax
Expert:  Wayne Brasch replied 9 years ago.
The situation you are facing has always been the case as it relates to Federal income tax law. A married couple who file as married filing jointly always have been considered to both be equally responsible for the contents of, omissions from, and the subsequent tax liabilities of a jointly filed tax return despite any State laws that may otherwise intervene. Congress has made this the case early in the tax laws and have never changed the situation.
Wayne Brasch and other Tax Specialists are ready to help you
Customer: replied 9 years ago.
Reply to Wayne Brasch's Post: 1. Has any thing been done to challeng (successfully this unfair ruling? How can an innocent spouse be tax burden in which she never participated.)

2. Can we avoid this problem by filing separately?
Expert:  Wayne Brasch replied 9 years ago.
There are, in my opinion, many unfair things in the tax laws. If you file as married filing separately, each of you would be only responsible for your own tax return and the contents thereof, but the tax rates are higher.
Customer: replied 9 years ago.
Reply to Wayne Brasch's Post: Filing separately is an option at least for next Year at which time I'm thinking of working with a layer who specializes in discharging IRS through bankruptcy, which I have no hesitation to do. I cannot deal with the IRS any more. They are submorons and wolves

Any idea how much as a percentage our tax will increase when filing separtely. I am disabled and have incom of about 18000 but with expesnses I pay virtually no tax now. My wife is a nurse and makes 115K, and pays about 4000-5000 after expenses in tax now. We file jointly.
Customer: replied 9 years ago.
I'm waiting for answer to My last 2 questions please.
Expert:  Wayne Brasch replied 9 years ago.
I'm sorry for the delay, but I had to get offline and meet with a client. Maybe now I can finish with your concerns. For 2008 the Federal tax rates are as follows:

For Married Filing Jointly:

10% from $0 through $16,050
15% from $16,050 through $65,100
25% from $65,100 through $131,450
28% from $131,450 through $200,300
33% from $200,300 through $357,700
35% from $357,700 and up

For Married Filing Separately:

10% from $0 through %8,025
15% from $8,025 through $32,550
25% from $32,550 through $65,725
28% from $65,725 through $100,150
33% from $100,150 through $178,550
35% from $178,550 and up

I hope this helps. Again, I'm sorry for the delay.
Customer: replied 9 years ago.

Do You say the only way I can free My new wife from my old tax liability is to begin filing separately. Or is the slippery IRS, going to continue reverting to Her since we have filed Jointly since being married the las 6 years.

Answer this one, and that will be My last question, I'll pay up and bid You "Adieu!"
Expert:  Wayne Brasch replied 9 years ago.
The IRS will hold her equally responsible for the years in which you have filed as Married Filing Jointly since that's what the tax law as passed by Congress allows them to do. If you file separately beginning for 2008, they will not hold her responsible for 2008 and subsequent years as long as you keep filing that way.

It is very difficult to get those IRS representatives in Holtsville, NY to have any compassion about a family's situation. That's where the decisions are made concerning Offers in Compromise.

I wish you much good luck in your future dealings with them.