Legal Question in Family Law in Wisconsin
Divorce Question - Tax Return Fee
I am currently divorced (Jan '09) but recently got notice from my ex-husband that on our joint 2007 Federal Tax return there was a miscalculation and a subsequent $323 fee.
It is clearly itemized on the notice from the IRS that the discrepancy was due to him not reporting all of his stock - it clearly lists his SSN next to the error.
He wants me to pay half of this and I don't feel that I'm responsible for his error in not reporting all of his stock that has never been in my name.
Do I legally have to pay him half of this fee just because it was a joint return? He is threatening to take me to court if I don't pay him by the end of the month.
1 Answer from Attorneys
Re: Divorce Question - Tax Return Fee
First go back and look at your Marital Settlement Agreement and divorce judgment. Also see how the refunds/taxes were treated by the two of you for the year in question. Perhaps one or more of these will cover this situation. If so, that is your answer.
If not then unfortunately, it seems as though this is a joint debt incurred while you married. If that is the case then the IRS can collect the back taxes, penalty and interest from either of you and the one who had to pay would have a right to be reimbursed by the other for the other's share. It would not matter whose income was omitted - all income would have been marital property back then.
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