Darrin T. Mish's Answers

Can the IRS garnish your wadges for state taxes without due proccess from the courts

Unfortunately, Congress has passed a statute removing the courts from this process. See IRC §6331. I have posted a copy below for your information. § 6331. Levy and distraint (a) Authority of Secretary If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to...

1 person marked this answer as helpful

Request for Appeals Review

Make sure to send it timely and via certified mail. You must make your position so simple that a child could understand it. And use as much documentation as you possibly can. You will likely end up with splitting the difference with the IRS.

1 person marked this answer as helpful

Irs issues....back taxes

It seems to me that you would qualify for "hardship status" or currently not collectible. If you contact the IRS by telephone, they will want to get certain financial information from you. But if you're not working and your wife is only earning $20,000 per year, it seems to me that there would not be enough left over (using the IRS standards) for them to expect anything from you at this time. I don't have an answer for the checks. You have to decide what's cheaper, getting the checks or the...

1 person marked this answer as helpful

If I file married but single on my tax return am I still responsible for my husband's taxes?

I assume you mean Married Filing Separately. In most states, including Colorado, you will not be held liable for your husband's taxes FOR THAT TAX YEAR. If you have filed jointly in the past and have balances due, you will of course be liable for those joint liabilities.

My father owe the IRS a large sum of money. he passed a few months ago. can the irs go after his estate ?

Short answer is probably yes, especially if there is a federal tax lien filed and the estate has substantial assets.

I received a letter 3 months ago from IRS asking about the 2007 return I did not file. I wrote back I did not earn enough

In such a situation it seems likely that the IRS is in receipt of some documentation that leads them to believe that you did have a filing requirement (eg. a form 1099-MISC). If you do call them, try to keep the questioning to a minimum and simply ask them to send you the Payor Information for that tax year. This should provide you with the answer to why they think you were responsible for filing a tax return.

Can I claim my 18 yr old on 2009 taxes as dependent if he worked part-time and did not go to college yet?

If you provided more than 50% of his support during the year, you may claim him as a dependent for tax purposes.

3 people marked this answer as helpful

Income tax

The Collection Statute of Limitations for the collection of tax is ten years. The IRS only has ten years from the assessment of the tax to collect it. This expiration is automatic but there are MANY exceptions that can extend the time limit. You cannot be assured that since the tax year in question was 1997 (for example) that the collection statute has expired.

1 lawyer agreed with this answer

1 person marked this answer as helpful

If i receive an inheritance and I owe the IRS some money can they take this

Short answer is yes...probably. If the IRS has filed a Federal Tax Lien OR they have previously sent you a Final Notice of Intent to Levy and more than 45 days have passed, they have the right to seize your money. It would be especially easy for them to do if it were in a bank account.

3 people marked this answer as helpful

Dependent on Income tax

Strictly speaking whomever provides more than 50% of support should be allowed to claim the child for dependent tax purposes. I would assume for financial aid purposes that schools would look to both biological parents although I could be mistaken.

1 lawyer agreed with this answer