Legal Question in Tax Law in Texas

My husband recently had his credit report done when he applied for a job with Allstate. They told him that there is a tax lien against him for over $5000 in McLennan County, TX from a buisiness he had there in 1999. He was married at the time to someone else and we wed in September 2006. I had no knowledge of this tax lien. I purchased our home in Mar. 2007, his name is not on the loan nor on the deed. Federal government had surprisingly kept back taxes owed by him for 2000. I had submitted the innocent spouse form and nothing was returned to me.

Am I in danger of losing my home because of something that occurred years before I met my husband? We reside in Bexar county.

Feeling regretful


Asked on 6/03/10, 2:31 pm

1 Answer from Attorneys
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

First, don't be regretful! If you have a good husband, that is most important. Many people have tax problems and they are usually worked out.

Second, since the house is solely in your name, it will be hard for any creditor, including the IRS to attach your home. Their argument would have to be that your husband has some type of equitable interest or that money was transferred to you to buy the house as a "fraudulent transfer." Those are weak arguments.

The best thing you can do is have your husband get a good tax attorney. He should gather is tax records and notices from the IRS. Then the tax attorney can explore a variety of strategies including an installment agreement, offer in compromise or a variety of other approaches to deal with the taxes owed.

I hope this helps!

Ron Cappuccio

856 665-2121

www.TaxEsq.com

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Answered on 6/03/10, 5:48 pm


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