Legal Question in Tax Law in New York

Husbsnd's debt with IRS

My husband and I have been married for 3 1/2yrs. We've been separated (not legally) for almost 2 years. We filed jointly for 1 yr., which we had to pay in. After we separated, I began filing separately from him. He has received bills from the IRS for the past two tax seasons when he filed separately. I recently discovered that since we were married he had changed the deduction amount on his W-4 to a number that would have little or no taxes taken out of him during the year, and this is the reason for the IRS bills. I approached him about a divorce, and he said that I am responsible for half of the money that he owes the IRS because we are married. I have given him $500, which he did not apply towards the money he owes the IRS. I do not feel that it is my responsibility to compensate for his irresponsibility. I do not know what the law is and I would appreciate any advice. I am seeking an uncontested divorce, since neither of us can afford an attorney.


Asked on 11/14/06, 2:42 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Husbsnd's debt with IRS

I agree with Norman, that if you did not file joint returns and sign the returns, you have no responsibility for his tax liabilities. I also suggest you file for innocent spouse protection. The forms are available on the IRS web site.

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Answered on 11/15/06, 11:13 am
Norman Nadel Norman Nadel, Esq.

Re: Husbsnd's debt with IRS

For those years you filed a joint return, that is where both of you signed the tax return, each of you is fully responsible for all unpaid taxes. If the tax liability is understated, because of something your husband did, and with respect to which you have no knowledge, you might be entitled to the benefit of innocent spouse relief. You might Google innocent spouse to see if you qualify.

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Answered on 11/14/06, 4:32 pm


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