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    Are Both Parties Responsible For Overdue Taxes In A Divorce Situation?

    Would a former spouse who filed income taxes jointly be held responsible for 1/2 of taxes due(and interest accrued) back in 1991 in another state even if this spouse was not employed then? If so what is the best way of resolving this issue without bringing in legal counsel?

    asked 5 months ago

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    4 Answers


    If it is not specified in the decree, yes, Unless perhaps your name is not on the return.

    answered 5 months ago   

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      The IRS wants the money regardless of who they get it from. As in the other answer, they will withhold tax returns of both parties until paid. I would contact my ex and discuss the option of going to IRS together to negotiate a reduced amount for the repayment.
      Depending on income and situations they may settle for much less.

      answered 5 months ago   

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      All good answers, but you may also qualify for innocent spouse relief. By requesting innocent spouse relief, you can be relieved of
      responsibility for paying tax, interest, and penalties if your spouse
      (or former spouse) improperly reported items or omitted items on your
      tax return.
      You may qualify for innocent spouse relief if:


      1.      You filed a joint return which has an understatement of tax
      due to erroneous items of your spouse.

      2.      You establish that at the time you signed the joint return
      you did not know, and had no reason to know, that there was an
      understatement of tax. 

      3.      Taking into account all the facts and circumstances, it
      would be unfair to hold you liable for the understatement of tax.As long as you did not receive a significant benefit (A significant benefit is any benefit in excess of normal support), then your application should be approved. If this does not fit your case, then contact me with details.-Joe

      answered 4 months ago   

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      I agree with the previous answer.  Tkthrees answer.  Contact the IRS or your divorce attorney if you had one, and go over your divorce decree.  Good luck.  You will probably have to pay 1/2 back and your ex will probably have to pay the other 1/2.  Yet, if he don't pay anything they will come after you til it is paid in full along with him.  They will garnish wages, and hold on to tax refunds and rebates til it is paid.  So look into it and set up payment arrangements if you have to pay it, you may have to talk to your ex too and get him involved.  Good luck.

      answered 5 months ago   

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