More details to this question:
My husband and I are separated and have been for 10 years. During those 10 years I have been filing my taxes "married filing separtely". He has been filing single. He owes thousands of $ in taxes for about each and every year that we have been separated. What my question is, he is going to file bankruptcy for as many years as he can. If he does and we are still married would the IRS be able to come after me for his taxes that he is filing bankruptcy on or would the bankruptcy take care of that? And if we filed for divorce before he filed bankruptcy would that keep them from coming after me?
5 ANSWERS
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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If you filed separately for the entire time, you should not be liable for your husband's taxes regardless of whether he files for bankruptcy.
Answered on Jul 11th, 2012 at 8:53 AM
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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If you and your separated husband did not file joint returns, you will not be liable for his tax debt.
Answered on Jul 11th, 2012 at 8:39 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Generally speaking, if you have been filing returns separately (not a joint return) you should be fine. If you filed a joint return with your spouse then the IRS would certainly have a right to expect you to be responsible for taxes on those joint returns. Since he is filing separately, they should keep their inquiries on his tax liabilities to him. If they do try and collect from you, you need to get assistance and challenge the IRS request for this. Just don't ignore inquiries that the IRS makes, it won't help in the long run.
Answered on Jul 10th, 2012 at 4:55 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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As long as you didn't file joint returns with him for the years at issue, the IRS won't come after you, but they will take assets of his that otherwise might have been awarded to you in a divorce.
Answered on Jul 10th, 2012 at 4:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you have been filing separately each of you are liable for your individual tax debts. I would suggest that you seek counsel both on the tax issues and divorce.
Answered on Jul 06th, 2012 at 4:22 PM