QUESTION
Is it possible that we may be responsible for my father’s tax debt if he files a Chapter 7?
Asked on Jan 04th, 2013 on Bankruptcy - Colorado
More details to this question:
My father is a disabled veteran (receives disability and VA benefits); who 5 years prior owed money to state taxes as well as accumulated other consumer and medical debt. We have cared for my father over the last year and have not linked ourselves financially with him however, we were considering claiming him as a dependent on our income taxes. We were concerned if we did in fact do this, that the bankruptcy court could attempt to have my husband and myself be responsible for tax/debt that he accumulated in previous years.
10 ANSWERS
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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No.
Answered on May 28th, 2013 at 12:49 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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No, I do not think you could so easily assume liability for someone else's prior taxes merely by helping to support him, thereby gaining the ability to declare him as a dependent on your income tax return. I hope that filing Chapter 7 bankruptcy gives him and you the fresh start it is meant to do.
Answered on Jan 10th, 2013 at 12:34 PM
Richard hirsh
Based on the information you have provided, it does not appear that you could be held liable for your father's tax liability. In addition, his tax debt is possibly dischargeable in his Chapter 7.
Answered on Jan 10th, 2013 at 12:34 PM
Daniel James Wilson
You will not be responsible for your father's debts.
Answered on Jan 10th, 2013 at 12:33 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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The bankruptcy court cannot attach debt owed by another person to someone else. You just need to make sure you follow the rules and only claim your dad if he meets the definition of a dependant under the IRS rules.
Answered on Jan 10th, 2013 at 11:17 AM
Tax Problem Resolution Attorney serving Lake Oswego, OR
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THE WUHRMAN LAW FIRM
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There is NO basis for holding you responsible for your father's tax debt of 5 years ago just because he's your dependent NOW.
Answered on Jan 10th, 2013 at 11:16 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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No, his tax burden can not be placed on you unless he was incompetent and you were his conservator at the time the taxes were incurred. In any case, filing bankruptcy certainly does not affect this anyway.
Answered on Jan 10th, 2013 at 11:14 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It is not likely to be the bankruptcy court which would take any such action. Just barely conceivably the federal and state taxing authorities would take an interest. But I think the chance of their holding you liable for debts he incurred before you claimed as a dependent is slim to none.
Answered on Jan 08th, 2013 at 5:49 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Caring for someone and/or claiming them as a dependent does not make you liable for their debts.
Answered on Jan 08th, 2013 at 5:39 PM
Bankruptcy Attorney serving Denver, CO
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Colorado Bankruptcy Law Group, LLC
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You will not be liable for your father's tax debt if he files bankruptcy. In fact, I can't think of any circumstance in which you'd become liable for his tax debt.
Answered on Jan 08th, 2013 at 5:39 PM