Legal Question in Tax Law in Massachusetts

Can a former spouse beheld liable for the other spouse's IRS tax bill? My friend is soon to be divorced from his wife. When his wife filed her 2010 tax return she filed as single and claimed her child. She got about $4k refunded to her with Eic and child tax credits. Her husband did not know she filed her taxes without him. He told her she can't file single because they are legally married, so they filed an amended return as married filing jointly. The amended return went through and they got the correct amount refunded for the joint return. The IRS then sent her a letter saying she owes them the $4k from the original return she filed as single. Once they are divorced will this IRS debt effect him? The original return did not include him or his social security number, it was only her filing single.


Asked on 11/06/11, 4:55 am

1 Answer from Attorneys

IRS recognizes the innocent spouse rule. Moreover, since you did not sign the single person tax return, you should not be liable for her actions. Moreover, you both then filed married filing separately, you did not sign her second return.

Money you ultimately pay her as a property settlement may get attached.

Good Luck

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Answered on 11/07/11, 11:10 am


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