Legal Question in Family Law in Texas

can a wife 0f 40yrs who has never worked be held accountable for husbands debt to irs if she files for divorce


Asked on 2/11/11, 8:09 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

Probably, yes. If you are worred about a your liabliity for a spouse's IRS problems, you should take your tax returns to a CPA and see what advice you can get. Usually, the IRS does not care who worked and who didn't. If you both signed the return, they can come after both of you. If you filed individually, that's different.

Another reason to see a CPA is that sometimes tax payers and the IRS OVER-ESTIMATE the amount they owe. For example, I had a client that had hundreds of thousands of dollars of income reported by 1099 to the IRS and he didn't pay taxes on it. The IRS wanted their piece of that giant pile of money. But when we took it all to an accountant, we discovered that he didn't owe that much because he as a house flipper and also had hundreds of thousands of dollars in expenses (which the IRS wouldn't know about unless and until he filed a tax return.)

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Answered on 2/14/11, 9:37 am


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