Legal Question in Tax Law in Texas

irs installment

I owe back taxes for business. iam sole owner, its a corporation . in filling out collection info form for self employed for an installment agreement ,which they said they would do , they ask for spouse ss # and there is a place for her to sign . do i give info and her sign ? if so could they go to her for money.


Asked on 4/24/07, 4:57 pm

2 Answers from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

Re: irs installment

If the business is a corporation and it was run correctly, you are not personally liable for taxes that it owes with the exception of trust fund taxes that may have been witheld and not paid. If you were married at the time that the back taxes accrued, then your wife is probably liable with you, unless she could claim status as an "innocent spouse."

Read more
Answered on 4/26/07, 3:12 pm
Steven Klitzner Steven N. Klitzner, P.A.

Re: irs installment

From the information you provided, your wife may not be liable at all. If what you owe is the Trust Fund portion of the payroll taxes, your wife would have to be held to be a responsible party in order for them to collect from her. If she had no involvement in the company, she is probably safe. If she was an officer or signed checks, she may be on the hook. If she has no liability, I generally would not have her sign the financial document. There are some bigger issues here relating to the Trust Fund penalty, whether an installment plan is your best option, and how you can designate the payments. If you have any questions, please call me. Steven Klitzner. 18002191118.

Read more
Answered on 4/29/07, 2:52 pm


Related Questions & Answers

More Tax and Taxation Law questions and answers in Texas