Legal Question in Tax Law in California

Income taxes for deceased spouse

I have been physically but not legally separated from my spouse since 2005. He recently passed away and I have learned he has not filed his tax returns or paid any taxes (he was 1099 - self employed). I have filed separately and am concerned his tax liability may transfer to me since we married in the state of California; I currently reside in another state and have done so since Feb 2005. I am afraid to sign any tax forms; although its filing jointly. I also found INS is waiting on his taxes to be filed; he was sponsoring his brother to come and attend college (via a green card). He was self employed and also did not file corporate taxes for 2005 or 2006, may name was never tied to his business but since I am considered the surviving spouse will I be liable for it all? Thanks You


Asked on 2/15/07, 12:25 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Income taxes for deceased spouse

If you have been filing separate taxes you are not liable for his tax debt.

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Answered on 2/15/07, 10:35 am


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