Legitimate Tax help?

Question

Please. My husband died last September. Long story short I recieved a letter from the IRS stating that he had not paid his taxes since 1992. Long story short he owed ninety-two thousand dollars. He did have a small business and thankfully he was sole proprietor. My question is this, am I liable for the taxes? Mine were paid but what I dont get it is that one of the taxes was joint and the other (large one) is only under his name. PLEASE HELP. Thank you

Answer 1

You are not liable for his taxes, except for years where you filed jointly but assets he left are.  You don't mention what state you are in or, if you own a home, how title was held.  These are subtle but important differences that affect what the federal tax lien attaches to.  If there are any assets, you should retain an attorney to probate his.  If there are no assets other than ordinary household goods and personal effects, a competent tax practitioner--a CPA or enrolled agent--who has expertise in collection issues should be able to sort things out.

I am an enrolled agent, a tax specialist licensed by the  Treasury Department to represent taxpayers (along with attorneys and CPAs) and specialize in your kinds of problems.  If you would like some additional information outside this forum, you can send me email through my profile.

Answer 2

you say that you paid yours.  That sounds like you may have filed a separate return from your husband for each of the years since 1992.  If that is the case you may not have a problem.  I say may, as there are a number of variables that would have an impact. First of which is the disposition of his estate.  Second what was the status of your marriage at the time of his death.  You should really consider spending a little time with a tax professional that is familiar with these type of issues.

Answer 3

You need a tax attorney.  Look in the yellow pages and give a few a call.  Tell them your situation and see what they have to say.

Answer 4

You definitely need to talk to a tax lawyer. If you filed separate you may not be subject to his taxes. If you are in a community property state half of everything you have is his so they can lien half your home so when you sell you only receive half the money. Sole proprietership means that the profit and loss goes on your personal taxes which make you more liable if you filed jointly.

Answer 5

You will need an attorney for this.  

His estate is liable for the taxes due.  The IRS has the right to collect the taxes before his estate is distributed.  Basically, that makes you liable for the taxes due.  

For any joint tax return, you are equally liable for taxes as your husband.

Have you filed all of your tax returns since 1992?  I'm having trouble believing that you filed your taxes while your husband hasn't.  Assuming that you filed "Married Filing Separately," one of the things that you were required to do was to put your husband's SSN on the tax return.  This would have notified the IRS to be on the lookout for his tax returns.