Bristol Bay
Serious IRS problem ~ Please help?
My Mom was just informed her wages at work were going to be garnished due to her lovely ex-husband. In 1994 he did not pay taxes on a very profitable crabbing year in Bristol Bay. He evidently told them that he has no money but they might want to try and go after his her seeing as though they were married at the time.
This week's paycheck they took 3/4!! Leaving her with $400!! She has a mortgage, a car payment and not to mention a 16 year old son now living at home because his father "is over it." 2 weeks ago he put my 2 brother's on a plane from California to Washington State to live with her because "he can't handle teenagers."
I guess my question(s) are, can they really take that much money?!! Just because they were married...why is she solely responsible? It was his income...under his name!
What should she do? I hate to see her loose her house and everything else she's worked so hard for after leaving this man over 15 years ago!
A couple of things here:
As a person who filed jointly with an ex, your mother is equally liable with him unless there is some reason that she could be found to be an innocent spouse. I suspect this won't apply.
The normal statute of limitations for collection is 10 years from the date of the first bill. 1994 is awful old to still be good unless someone did something to extend the statute of limitations. A bankruptcy or offer in compromise filing would do it but only for the person who did it. Maybe it was extended on the ex but not her. I obviously can't tell from your narrative.
IRS must notify a delinquent taxpayer of its intent to levy if it hasn't taken any action in the previous six months. If your mother did not receive any notification directed specifically to her in this time, the levy is improper and should be released.
She needs to find out what the details are before dealing with the problem.
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