Can you sue someone who was listed on a joint tax return for half of the money owed to the IRS? 4 Answers as of March 18, 2013

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Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Are you asking if one spouse or ex-spouse can sue another? If so, the answer is yes. However, two spouses do not usually each owe half of the tax. Insofar as the government is concerned, you are jointly and severally liable. That means that you owe all the tax, your spouse owes all the tax, and together you owe it. But if you end up paying all the tax ans some is your ex-spouse's responsibility, you can sue her or him.
Answer Applies to: California
Replied: 3/18/2013
Scott Polsky
Scott Polsky | Scott Polsky
I am not quite sure of the question. There are both divorce laws and tax laws that are relevant here. There is "innocent spouse" relief available for taxpayers under certain circumstances. I strongly recommend that you speak with an attorney as soon as possible to explore your options..
Answer Applies to: Pennsylvania
Replied: 3/18/2013
U.S. Tax Relief, LLC | Dale Heider
You could try to sue, but that person is already jointly and severally liable for the tax shown on the return that was filed jointly.
Answer Applies to: Colorado
Replied: 3/18/2013
Reger Rizzo & Darnall LLP | Kathleen DeLacy
Nothing that says you cannot, you just have to prove they are responsible for paying half.
Answer Applies to: Delaware
Replied: 3/18/2013
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