Arlington, TX asked in Tax Law for Texas

Q: Why the IRS is only coming after me for 2013 back taxes?

At the end of 2013 I went to prison for 2 years, It was not til 2015 or so I started recieving letters from the IRS saying I owed the money. My question is, why are they only coming after me and not my ex-wife also for a joint return? I also had a help getting into a CNC or is it NCN, but I want to get this off my to do list.

Thank you,

John D

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2 Lawyer Answers

A: Since you are dealing with the IRS, the best and fastest way to "get this off your to do list" is to pay the taxes, penalties and interest due for the year 2013. If not, the IRS will keep hounding you for the next 4 years, i.e., until 2023--because that is how far they can go back--unless it is seen as fraud--which allows them to go back to Bethlehem.

Regarding your ex: If you were married in 2013 and if the two of you filed jointly, then BOTH of you are liable for ALL of the back taxes, penalty and interest. If those facts are true, my (educated) guess is that your ex has already been caught and has already agreed to pay something towards the joint debt; so that leaves you alone in the barrel.

A: The IRS can go after one or both of the you if you filed jointly. If you have been marked currently not collectible and cannot pay the debt in full, then you should look into whether or not you can file an Offer in Compromise. Stay away from the places you see advertised on TV. If you do not owe state taxes as well, then you can use an attorney anywhere. If you owe both state and federal taxes, then you should use a local attorney.

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