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- Newsgroups: misc.taxes
- Path: sparky!uunet!spool.mu.edu!agate!eos!data.nas.nasa.gov!taligent!cep
- From: cep@taligent.com (Christophe Pettus)
- Subject: Re: Widow/IRS problems
- Message-ID: <Bzs1C7.E6E@taligent.com>
- Sender: usenet@taligent.com (More Bytes Than You Can Read)
- Organization: Taligent, a little subsidiary of two really big companies.
- References: <11600@sun13.scri.fsu.edu>
- Distribution: usa
- Date: Thu, 24 Dec 1992 18:43:19 GMT
- Lines: 43
-
- In article <11600@sun13.scri.fsu.edu> jeannie@scri.fsu.edu (Wicked Witch ) writes:
- >My husband, of less than 2 years, owed the IRS $10,000 (for problems
- >arising with an ex-wife) We did not file jointly last year. However he
- >committed suicide 2 weeks ago (with no estate, he had nothing when I
- >married him except his clothes and we aquired nothing together since I
- >already owned my home) and the local agent handling his claim wants me to
- >file a joint return as his widow. He says they won't touch my money, but
- >I don't trust these people and I plan on filing seperate returns. Anyone
- >out there who can give me some legal/and or first hand experience or
- >advice on this matter?
-
- I feel a bit strange offering tax advice at this juncture ("Beside
- that, Mrs. Lincoln, how was the play?"), but here goes.
-
- You are completely reasonable in your distrust of the IRS, but you
- probably don't have much to worry about from them. You are only liable
- for taxes of a spouse if you signed a joint returned with your spouse
- _for the year(s) for which the taxes are being assessed._ Since you
- were not married when he ran up his tax bills, and thus did not sign a
- joint return with him, you are not liable for the taxes.
-
- Your taxes, in general, will be lower filing jointly than seperately.
-
- Now, the IRS _can_ take one spouse's wages to satisfy anothers tax
- debt, regardless of when the tax debt was incurred, but this is true
- whether or not you file joint returns. However, the IRS can only do
- this if you are currently married to the spouse that has the tax
- liability, and being his widow, they cannot seize any of your
- property.
-
- If you live in a community property state, the IRS can seize community
- property to satisfy a tax debt, but most household goods are exempt.
-
- Now, if your husband has significant assets that he was hiding from the
- IRS, that they do not know about, you DEFINITELY do not want to file
- jointly, as that could very well open you up to charges of fraud.
-
- In any case, I'd talk to a tax professional with experience in this
- area.
- --
- -- Christophe
-
- "I draw the line at Styrofoam packing kernels, you sick pervert."
-