Legal Question in Tax Law in Montana

used her SS number

Menatlly disabled woman in her 40's. Parents both physically disabled. Back in 1990, while collecting Social Security, father worked part time cleaning using mentally disabled daughter's SS number....Father has since died.

IRS caught up with 'her' and now she, the mentally disabled daughter, is responsible for taxes of around $1100 plus interest. Is there any recourse for this disabled person? Can a tax debt like this be excused?


Asked on 4/12/02, 9:32 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: used her SS number

The IRS will likely back off if the whole thing is explained and substantiated with some kind of written evidence, and the daughter's ignorance of the father's use of her SSN is credible. However, it could get a lot worse if there was any agreement for the father to act as he did; the IRS could also reopen his tax returns and assess fraud penalties, and I really don't know how that could impact the heirs. So, at minimum, I would advise consulting with a CPA or tax lawyer in your jurisdiction and laying out the whole matter in greater detail, in order to ensure that you wouldn't make your situation worse by offering the explanation.

Best wishes,

LDWG

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Answered on 4/15/02, 8:39 am


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