Q: My inheritance in 2011 of 39 thousand dollars was taken by IRS to pay back taxes husband did not pay, self employed.
Now we are divorcing, am I entitled to get a portion of that money back?
A: There is an IRS form (an "injured spouse" form, as I recall) which you can file with the IRS.
A:
You may be able to receive credit for this amount in a property settlement as part of the divorce, but this would be a question for a family law attorney.
If you filed jointly with your spouse for the years he incurred the tax liability, then you are jointly liable for the taxes owed unless you qualify for Innocent Spouse relief. It is often difficult to get the IRS to grant an application for Innocent Spouse relief, so I recommend seeking an experienced tax attorney to help you with this if at all possible. However, it may be too late to receive a refund of any money paid by you towards the tax liability if the money was taken in 2011, because that is past the normal 3 year statute of limitations for a refund. You may want to speak with a tax attorney about your specific situation and see what advice they can give.
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