Legal Question in Family Law in California

Tax Issue in connection with divorce

What is the ogligation if any for a party to take timely action in connection with an IRS debt. My ex wife failed to apply for innocent spousal protection for our joint tax bill in a timely manner and now is suing me for payment of the debt which she could have readily avoided. She claims she was not notified by the IRS until after the deadline had passed which is preposterous. If she had appled for protection as was her right the bill would have beed included in a ''settlement in compromise'' which was awarded me. Because she failed to act a portion of the bill was applied to her which she now wants me to pay. What do you think?


Asked on 10/27/08, 4:57 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Tax Issue in connection with divorce

Tax is fairly complicated and you won't get a very good answer here. The IRS is Federal, so State courts have no jurisdiction over the debt. If memory serves (and you may want to confirm with a tax lawyer) you are jointly and severally liable for IRS tax liabilities. Meaning, you and your ex are equally responsible for full payment. So my very marginal and informal guess is that you are responsible for her share and there's not much you can do about it. HOWEVER... I COULD BE COMPLETELY WRONG. Check with a tax attorney!

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Answered on 10/27/08, 8:29 pm


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