lein
taxpayer files US 1040 as married filing separately.
taxpayer has amount due government and not able to pay.
can government file tax lein on real estate owned jointly with wife?
Asked on 6/19/05, 7:49 am
1 Answer from Attorneys
Ronald Cappuccio
Ronald J. Cappuccio, J.D., LL.M.(Tax)
Re: lein
Yes. the IRS can file a Federal Tax Lien for taxes owed by the husband on property jointly owned with his wife. If it is a Tenancies by the Entireties State, such as NJ, the IRS cannot execute on the lien until the property is sold or unless the wife dies and the property passes to the husband.
I have more information on tax collections and levies on my website at http://www.taxesq.com/
Answered on 6/19/05, 5:40 pm
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