Author Topic: IRS attempting to attach someones tax debt to me!  (Read 697 times)

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shellawella

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IRS attempting to attach someones tax debt to me!
« on: September 13, 2017 06:22:40 PM »
I have not worked for 10 years from 2007-2017.

The only year I filed a tax return was in 2015 for some settlements that sent 1099s.

I owed $0 taxes on that return.

I filed Married Filing Separately. My husband & I have never filed jointly.

Just received a letter from the IRS saying I owe $2239 from 2015 due to income information from sources such as employers. What?

The front page of the letter states my name & SS#. The next page gives details of income from employer XXX  (that I have NEVER worked for) and then lists my husband's SS#.

He did work there in 2015.

I did some research and am finding that since I filed separately that the IRS can't come after me for his tax debt.

Is this true?

Why are they doing this?

I have no clue how to deal with this & I have to respond by Oct 5. Please help! Thanks
My comments are NOT legal advice!
shellawella

shellawella

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Re: IRS attempting to attach someones tax debt to me!
« Reply #1 on: September 13, 2017 11:17:18 PM »
Here is some of the info I found on this issue:


But tax experts say that a wary spouse — a husband or wife who suspects a partner of not reporting income or of claiming fictitious deductions — can take a crucial protective step that will provide legal insulation.

The trick, the experts say, is to file a separate return, which married couples are entitled to do. In that situation, neither spouse is responsible for tax debts owed solely by the other, while if they file jointly, the I.R.S. can seek to collect from either of them — even if they later divorced. A separate return, though, cannot cut off liability for previous years’ returns that were filed jointly.

Additional complications arise if a taxpayer with outstanding tax liabilities is married and the spouse is not liable for those taxes, e.g., tax liabilities incurred for a tax year previous to the marriage, or tax liabilities incurred on a “married filing separate” return.

Spouses are not liable for their spouses taxes if they do not file a joint return, e.g., the tax is for a year a separate (married or single) return was filed, or incurred prior to marriage.


Is this true?
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shellawella

Flyingifr

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Re: IRS attempting to attach someones tax debt to me!
« Reply #2 on: September 14, 2017 12:53:46 AM »
I am an IRS licensed Enrolled Agent with 35 years experience, so I suggest you take this advice seriously.

The first thing I would do is to contact the IRS at 1-800-829-1040 (expect a LONG wait and do not call on a Monday, Friday or the day after a holiday).

I would ask the following questions and make the following requests:

1: Is this claim based on Document Matching? If so, you want a copy of the Wage and Income files.

2: Since the W2 information is your husband's and not yours is this claim made against you based on a Married Filing Joint return? If so, you want a 4506-T Transcript.

I know that you said YOU have never filed a MFJ return, but that doesn't mean your husband didn't file a MFJ return with you and sign your name to it. Yes, that is a criminal act and yes it is forgery but it does happen more frequently than you think.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

shellawella

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Re: IRS attempting to attach someones tax debt to me!
« Reply #3 on: September 14, 2017 03:11:33 AM »
Thank you for your response Flyingifr!

I will do exactly as you suggest tomorrow since it's Thursday!



 
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shellawella

shellawella

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Re: IRS attempting to attach someones tax debt to me!
« Reply #4 on: September 14, 2017 02:56:05 PM »
Good grief the IRS # has a million automated options!
I can't get through to a rep!
Any suggestion on which category I use to reach someone?
My comments are NOT legal advice!
shellawella

Flyingifr

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Re: IRS attempting to attach someones tax debt to me!
« Reply #5 on: September 14, 2017 05:33:26 PM »
Good grief the IRS # has a million automated options!
I can't get through to a rep!
Any suggestion on which category I use to reach someone?

I have found that once you press any button you tell the IRS phone system to route you through their telephone tree to oblivion.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

delandra

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Re: IRS attempting to attach someones tax debt to me!
« Reply #6 on: September 14, 2017 08:45:37 PM »
For what it's worth, the IRS now has online transcripts.  You can see exactly what data they have on you, instantaneously, without having to wait the weeks it used to take to get a transcript.  Create an account and grab a copy of your Wage & Income Transcript for the tax year in question.  That should reveal every submitted 1099, W-2, etc., for your SSN and who filed them.

If you see income from sources you don't recognize it could be that someone else used your SSN for employment.  If that's the case, you're in for a bit of a paper chase but should emerge okay at the end.

shellawella

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Re: IRS attempting to attach someones tax debt to me!
« Reply #7 on: September 14, 2017 09:03:02 PM »
Well I chose a prompt as Klaxon suggested. I was on hold FOREVER waiting to speak to a rep. Then after all my waiting, the automated system tells me that due to technical issues my call can't be answered at this time & to call back later! UGH!

I spoke to a tax law clinic that my consumer attorney gave me info on & they will handle this for me for free. I will have to give them power of attorney first. Does anyone see any danger in going this route?

I can go online & get my transcript, then send in my "I don't agree with your claim" statement and see what happens.

Or I can write & ask for an extension to have time to figure this out.

Which would you do?
My comments are NOT legal advice!
shellawella

delandra

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Re: IRS attempting to attach someones tax debt to me!
« Reply #8 on: September 14, 2017 09:25:40 PM »
Get the transcript first.  That's going to inform your decision.  If this is a case of fraud your approach is going to be a lot different than the case of a disputed 1099-C and/or an error/omission on your part.

Go get the online transcript.  You can have it in your hands 15 minutes from now if you have the necessary information to validate your identity when creating the online account.

shellawella

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Re: IRS attempting to attach someones tax debt to me!
« Reply #9 on: September 14, 2017 10:09:37 PM »
I will go online & get the transcript as soon as I get home.

Im almost positive that my husband did not file jointly. The reason I always file separately is because he thinks he doesn't have to file taxes like everybody else!

I just don't understand why the IRS is pinning it on me. Plus I want to make sure what I've read on the subject is true.

Will update soon.
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shellawella

Kitten

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Re: IRS attempting to attach someones tax debt to me!
« Reply #10 on: September 15, 2017 02:43:42 AM »
You didn't claim him as a dependent that year, did you?

shellawella

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Re: IRS attempting to attach someones tax debt to me!
« Reply #11 on: September 15, 2017 02:59:46 AM »
Quote
You didn't claim him as a dependent that year, did you?

No I have never claimed him.

I've always handled my taxes as if we are separated.

When I filed this tax return, I did Married Filing Separate and only listed my settlement money and only claimed myself. The form asked me to list spouses name & SS# even if filing separately.

Guess they're trying to attempt to dump his tax debt onto me. 
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shellawella

shellawella

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Re: IRS attempting to attach someones tax debt to me!
« Reply #12 on: September 18, 2017 11:36:03 PM »
This is just ridiculous! I attempted to set up an account at IRS.gov to get my transcript. It asks for acct numbers for home or mortgage or credit card. It has an option if you have none of these (I filed BK and it was just discharged a month ago).

It says it cant identify me! UGH! I gave ALL of my other personal info!   

Why do things have to be so difficult?

Don't have a clue what to do to get through to my transcript! 
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shellawella

CleaningUp

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Re: IRS attempting to attach someones tax debt to me!
« Reply #13 on: September 18, 2017 11:40:37 PM »
You haven't created enough paperwork for them to shuffle.  :D


shellawella

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Re: IRS attempting to attach someones tax debt to me!
« Reply #14 on: September 26, 2017 09:23:09 PM »
Just a quick update:

I was never able to speak to a live rep by phone.

I wrote to request an extension & get my transcript.

Will follow up once it arrives.
My comments are NOT legal advice!
shellawella

 

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