Am I responsible for my husbands IRA distribution tax? 4 Answers as of May 23, 2011My ex-husband just got a notice from the IRS that our 2009 tax returns did not match what the IRS had received. At the time, we were separated, are now divorced. We did file a joint return when separated. I just found out he cashed an IRA policy and I had no idea, therefore, did not include this on our tax returns. They are sending a notice that we owe taxes (10% penalty) for the IRA. Am I responsible for this debt?
Steven J. Fromm | Steven J. Fromm & Associates, P.C.
Yes you are legally responsible since you filed a joint return. However, you may qualify for "innocent spouse" status that could eliminate your liability. You need to meet with a tax attorney to discuss the possibilities.
Answer Applies to: Pennsylvania
The Schreiber Law Firm | Jeffrey D. Schreiber
At the outset, since you signed the return you are responsible for the return and the tax due. However, you should apply for innocent spouse relief. A tax problem resolution attorney can assist you with this to make sure you make the claim properly.
Answer Applies to: California