I got married for the 5th time in '04. Although we have not been living together since 03/07, I just recieved a letter from the IRS stating that I owe them &13.5K due to a distribution from my 401K in '08. (this came from a loan in '03 & another in '05) Can I claim that my wife owes 50% of said tax bill?
2 Answers from Attorneys
Your question is missing some information so my answer is incomplete. Generally, since it is your 401(k), you are liable for the tax.
Assuming that the 401(k) belongs to you, unless she hasn't already filed separately and would be willing to file a joint return, then, you are solely liable for the tax. Even if you had an agreement with her to pay you or to pay the tax, the IRS would only look to you for the tax as third party agreements do not bind them.
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