Dennis N. Brager's Answers

Am I responsible for my husband's tax debt when he just added my name to his tax filing due to bad advice?

The 2007 taxes are too recent to be discharged in bankruptcy. You still may be entitled to innocent spouse relief, but since it seems you live in California even if you receive innocent spouse treatment your community property which includes your income from a job or business will be susceptible to collection by the IRS. You need to consult it a tax controversy attorney in California skilled in tax collection matters to discuss your options.

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I have been working for 7 years under a fake name and haven't paid taxes, what can I do to correct this

You should see a tax attorney who has experience dealing with the IRS on criminal tax matters. You will probably need to file the back tax returns, and pay the tax. If you come clean under the IRS voluntary disclosure policy, and you do it soon enough you can probably steer clear of any criminal tax problems.

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What action can I take to dispute IRS owed income tax, I have never worked in the U.S.

I couldn't agree more with Margery. Tax Problems are not like fine wine, they don't get better with time. Not responding to letters from the IRS may seem like the way to go since the IRS may not take any serious action for quite a long while. Nevertheless ignoring the IRS will most likely end up in IRS tax liens, and tax levies on any bank accounts or assets you have in the U.S. Dennis Brager

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Tax attorney or an accountant?

It sounds like you need a tax attorney, or perhaps a civil litigation attorney who can demand that the broker fix the problem or sue if necessary for any damages caused by their error. If the amount is small enough you might just consider suing the broker in small claims court. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the...

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Am I responsible for my ex wife's tax fraud on our joint taxes and the business taxes? If so, how do I go after her for it?

Your family law attorney needs to point out to your wife's family law attorney that if the issue of your wife's failure to report all of the income on the tax return comes out in open court the judge may wind up contacting the IRS himself to report your wife's tax fraud. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the...

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Can the ftb lien my ss income for back taxes

You should call the FTB, and work something out. With your income the FTB should agreed to put your account on hold, and not collect anything from you. This assumes you don't have other substantial liquid assets. I strongly recommend you talk to them; otherwise the FTB will levy on your bank account. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to...

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I am a US citizen, worked and had bank accounts in the foreign country where I lived 6 yrs. I did not know I had to file taxes

It depends what you mean by a "favorable outcome." If handled properly you can expect that you will pay the tax, plus interest, plus a 20% penalty on the tax, and 20% of the highest account balance. In some cases it may be possible to do better. If you had more than a $100k in the outcome you should consult a tax attorney who is currently handling at least a few of these types of cases. NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom. The...

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Would I be subjet to taxes once I inherit assests from another country. The benefactor is not a U.S. citizen.

Although non-taxable to you must file a Form 3520 with the IRS if the inheritance is more than 100,000. Failure to do so could result in a substantial penalty. If the funds remain in a foreign bank account you will need to file a Form TD-F 90.221-1 with the IRS. If the amounts are substantial you should consult with a Tax attorney knowledgeable in this area. NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom. The response given is not...

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CA FTB claim for additional tax from sale of property in 2005

If you sell property in California you are taxable on the gain, without regard to where you live or your citizenship. You may also owe U.S. federal income tax, but that will depend on the treaty between the U.S. and Australia. The withholding from the escrow is intended to be an estimate of your tax, but is not the actual tax. I would start by having a U.S. CPA prepare a California tax return. If that doesn't resolve the problem you may need to hire a tax attorney. NOTE: If you find this...

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Can the IRS use one spouse's pre-marital property to pay the other's pre-marital debt?

Under California Community property law the community property of one spouse is liable for the premarital debts of the other spouse. Separate property is not liable for either the pre or post marital debts of the other spouse. The earnings before marriage are separate property; Post marriage earnings are community property. It may be possible to allocate a portion of the refund as separate property, and part as community property, but I suspect you are going to have a difficult time...

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