David Adam Sprecace's Answers

David Adam Sprecace
Denver Tax Lawyer.
Contributor Level 5

2

Attorney answers:

  1. Dennis N. Brager
  2. David Adam Sprecace

Will a formal divorce or separation protect me from tax liens? My husband left us three years ago but we never filed papers.

Asked by a user in Garden Grove, CA - almost 3 years ago.

I can't comment on California law, but you are responsible for the tax on a federal income tax return you sign with your spouse, even if you are subsequently divorced. You may apply for injured spouse or innocent spouse relief, though, depending on your circumstances. The rules for those are beyond the scope here; you should hire competent tax counsel if you decide to look into that. By "liens at your employer", I think you mean the IRS have levied (garnished) your wages. If that's the case,...

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1

Attorney answers:

  1. David Adam Sprecace

How can an individual receive a large tax refund if they have no proof of income and have never paid taxes?

Asked by a user in Clovis, NM - almost 3 years ago.

You can't get a large tax refund if you don't pay tax. He may have filed false and/or fraudulent tax returns claiming he paid tax, but when the IRS catches up with him it will probably assert at least the civil fraud penalty and possibly the criminal fraud penalty.