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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29579
Experience:  Taxes, Immigration, Labor Relations
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My ex-husband failed to pay payroll taxes in 2011 in the amount of 3800 family bus

Customer Question

my ex-husband failed to pay payroll taxes in 2011 in the amount of 3800 for the family business that we jointly filed in 2011. he has always claimed a loss on a business which does half a mill in sales (micro-brewery)... he set up agreement and is currently paying on a quarterly basis. I went back to teaching this year and had my refund levied by the IRS for taxes. I called the IRS to find out why they took my refund and they have now issued a 10 day notice to levy my paycheck......he gives me no money and the divorce so far this year has cost me over 10,000 due to child custody issues. if they levy my paycheck i will be unable to pay rent, my bills, and the outstanding lawyer bill i have already incurred.
Since there is already an agreement for this owed tax...should I try to negotiate with IRS separately or
should I have his tax lawyer add my files to his ongoing agreement. sin.....
I thought they couldnt take my money for something they already have an agreement on what
Submitted: 2 years ago.
Category: Tax
Expert:  Lev replied 2 years ago.
Many married taxpayers choose to file a joint tax return because of certain benefits this filing status allows. Both taxpayers are jointly and individually responsible for the tax and any interest or penalty due on the joint return even if they later divorce. This is true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns. One spouse may be held responsible for all the tax due even if all the income was earned by the other spouse.So - because you filed a joint tax return - you have SAME liability as your spouse - and you may apply for the same installment payment agreement. The agreement which your ex-spouse signed covers his liability but not yours...
Expert:  Lev replied 2 years ago.
If you do not want the IRS to garnish your income - you woudl need to apply for the installment payment agreement.Unfortunately - there is nothing we may do...if a levy on your wages is causing an immediate economic hardship, the levy may be released. A levy release does not mean you are exempt from paying the balance. The IRS will work with you to establish payment plans or take other steps to help you pay off the balance. To help ensure quick action, please have the fax number available for the bank or employer office that is processing the levy.
Expert:  Lev replied 2 years ago.
You may ask an IRS manager to review your case, or you may request a Collection Due Process hearing with the Office of Appeals by filing a request for a Collection Due Process hearing with the IRS office listed on your notice. You must file your request within 30 days of the date on your notice.