tax liens when spouse dies
hello,
my husband can i owe the irs 120.000 in back taxes and we pay 2000.00 in our agreement with them.i did not work during the time the tax liabilty was made and don't work now.my husband has kidney cancer and other health problems.our question is if does not live through this,will i owe all of the 120,000 or half?
thank you
3 Answers from Attorneys
Re: tax liens when spouse dies
You say that you and your husband owe this tax. Presumably that means that you filed joint income tax returns, even though you did not work. If that's what happened, then you are "jointly and severally" liable for the tax, and all additions to tax (i.e. interest, penalties, etc.). Your husband's death would do nothing to change your personal liability for the tax, and you would still owe the entire $120,000.
Depending on the facts (i.e. how the liabilities arose, and many other factors), it is possible that you could qualify for innocent spouse relief. There is more about innocent spouse relief in the articles section of my website at www.bjhaynes.com.
Re: tax liens when spouse dies
My name is Steven Klitzner. I am a tax attorney in South Florida. Based on the information you provided, you will be personally responsible for the entire tax debt. However, the IRS has certain programs, like Offer in Compromise and Currently Uncollectable, that you may be eligible for. Also, the Statute of Limitations may be running. It looks like you are in the Daytona Beach area. I will be happy to offer you a free, confidential consultation on the telephone. My number is 1-800-219-1118. If I am not available, please speak to Marlene and she will give you a time when we can talk. If you want me to look at any IRS correspondence, my fax number is 305-932-0605 or you can mail it to me at 2450 N.E. Miami Gardens Drive, 2nd Floor North Miami Beach, Florida 33180. I look forward to hearing from you and helping you solve your IRS problem. Steven Klitzner.
Re: tax liens when spouse dies
If you and your husband filed tax returns as "married filing jointly" you are both liable for all of the tax. You may be able to submit an Offer In Compromise to the IRS to reduce your obligation. You may also be entitled to a discharge in Bankruptcy depending upon your income and assets. Frankly, you need a tax attorney to review your situation.
My website congtains additional information: http://www.taxesq.com/
I hope this helps!
Ron Cappuccio
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