Divorce Court Order Does NOT Stop IRS Collections

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Question:
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Category: Tax and Taxation Law
Location: MO
Subject: Spousal Defenses

What are the different types of spousal defenses? In my divorce decree it states that my exhusband is responsible for all of the tax debt on the joint account we had. The IRS says that they will take all of my income tax return even though it was court ordered for him to pay everything.


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Reply:
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Category: Tax and Taxation Law
Location: MO
Subject: Re: Spousal Defenses

Unfortunately, regardless of the divorce order, you are personally responsible for all of the taxes in a jointly filed income tax return. Many Family Court Judges are ill-informed and believe the IRS must abide by their order allocating tax responsibility. The IRS can collect the balance from either you or your former spouse.

You should immediately contact a tax lawyer to determine your collection defenses and whether you might qualify as an "innocent spouse." Please see my web site http://www.taxesq.com/ for further information.

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