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Ed Johnson
Ed Johnson, Tax Preparer
Category: Tax
Satisfied Customers: 10760
Experience:  GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee
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Seperated from husband Jan 06. Filed tax returns 05 & 06 MFSep.

Customer Question

Seperated from husband Jan 06. Filed tax returns 05 & 06 MFSep. After trial and divorce, judge said can amend to MFJ. I (wife) would not be responsible for any more than I already paid.    I filed extension for 2007 hoping he would have all 05 & 06 paid. have found that 06 is not all paid. I want to pay my 07 taxes, but will my pmt be applied to 06 first? One IRS person said yes, one said no.
Submitted: 9 years ago.
Category: Tax
Expert:  Ed Johnson replied 9 years ago.



If the 06 return has not been paid, but was filed joint, your 07 refunds will be applied to the 06 debt, unless you file for injured spouse determination. You would include copies of the divorce decree that pertains to the allocation.





Customer: replied 9 years ago.

There are no refunds. ONLY funds due to IRS.

Will my payment of my 2007 return be applied to the 2006 balance owed? The joint return primary social security number is XXXXX's. My single return for 2007 will be under my social.

Expert:  Ed Johnson replied 9 years ago.



Yes, I understand what you are saying.


The problem is, that the IRS WILL assume you both benefited from the return, and any additional taxes or any refunds would be joint responsibility unless you show that it is not your fault or otherwise your responsibility.


So you have only two options to make sure this does not happen.


Option one. File for an injured spouse determination, for 2006, even though there is no refund, and include a copy of the divorce decree front cover, signature page, and pages mentioning the tax treatment as evidence. OR


Include a letter with your manually filed 2007 return, with cover letter explaining the circumstances in regard to the 2006 return, and include the same evidence.


Your SSN is on the joint return, and the IRS will cross reference the SSN's. So they will know that you filed joint last year and this debt hangs over, and your current year return will then be at risk.

Ed Johnson and 2 other Tax Specialists are ready to help you
Customer: replied 9 years ago.

Thank you for your help.


This is frustrating. I should have done my homework before that STUPID trial. Then I could have refused to amend the taxes knowing that the IRS does not care what civil court says and wouldn't have this problem.

Expert:  Ed Johnson replied 9 years ago.



It isnot that the IRS does not care about the court orders all together. They do try to assign responsiblity according to the orders, but the courts can not change the law.


So for example: if you are divorced, you can ask for relief based on the divorce decree that directs the other party to be responsible. BUT there is no domestic order given to the IRS to compel them. You have to assert that when the time comes.


If in the end, you do not get the relief, then the door would be open for you to return to court to sue your ex to reimburse you for the loss.