Does an Offer in Compromise by one ex-spouse absolve the other from the debt?
- June 21st, 2023
- David Greene
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If you and your ex-spouse filed jointly, you both are jointly and severally liable for the entire tax bill. This means that you both owe the entire amount and the IRS can pursue either or both of you for payment…
What has to be filed for the non-custodial parent to claim the child as a dependent?
- April 19th, 2023
- David Greene
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This question deals with the same problem the reader had last week, but in a different way. If a taxpayer seeks to claim dependent children after a divorce but is not the custodial parent, he must file Form 8332 with…
Headed for divorce? Here are some tax tips.
- November 17th, 2021
- David Greene
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There are several things I recommend you do if you think you might find yourself going through a divorce, both for future tax audit sake and to make sure all assets are revealed. First, copy all of your financial records…
Are divorce related attorney fees ever deductible as a business expense?
- February 12th, 2019
- David Greene
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Under the current law, legal fees incurred during divorce may be deductible if incurred because the spouse is interfering in the taxpayer’s business or if the issue relates to taxable alimony income. In a recent case, the Tax Court held…
Does a divorced person still owe the taxes generated in a previous marriage?
- September 4th, 2018
- David Greene
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I have been asked this question many times before. The general answer is that he owes all of the taxes because he signed the return. For a joint return the signers are jointly and severally liable for the tax. This means…
Will one ex-spouse’s Offer in Compromise absolve the other ex-spouse from liability?
- May 16th, 2018
- David Greene
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First, the IRS does not care what your state court divorce order says. Since you and your ex-wife filed jointly, you both are jointly and severally liable for the entire tax bill. This means that you both owe the entire…
If one forgets to change a beneficiary after divorce, can it be amended after his death for good cause?
- November 22nd, 2016
- David Greene
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Unfortunately beneficiary designations cannot be amended after the death of the policy or account holder, even if it is clear he did not intend for the listed beneficiary to receive the benefits. The Supreme Court has heard several similar cases…
Can a Family Court Order stating only one spouse is liable for taxes stop an IRS levy against the other spouse?
- September 28th, 2016
- David Greene
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Unfortunately, a Family Court Order stating only one spouse is liable for taxes cannot stop the IRS from taking action by levy or otherwise against the other spouse if both signed the tax return.. Since the IRS is a federal…
Does a divorced person still owe the taxes generated in a previous marriage?
- March 3rd, 2016
- David Greene
- Comments Off on Does a divorced person still owe the taxes generated in a previous marriage?
I have been asked this question many times before. The general answer is that he owes all of the taxes because he signed the return. For a joint return the signers are jointly and severally liable for the tax. This…