John Adam Wetenkamp's Answers

Will my fiance's tax return be affected if he is victim of identity theft?

He should contact the IRS at the Identity Protection Specialized Unit. Their toll-free number is 1-800-908-4490.

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Will i recive the remaining amount of my tax refund after interest and penalties are taken

Your question is a little confusing. It would help if you could provide more information. If you are referring to interest and penalties, then I assume that relates to a different (previous) year tax debt. As you are aware, the refund you are due for your 2011 taxes will be applied to prior balances. You'll get whatever is left over.

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The IRS garnished my wages. What can I do? My income is $50k per year and I owe IRS $15000.

You can get the IRS to stop the wage garnishment if you set up an installment agreement. There may be other options available to you depending on your financial situation. It is impossible to tell what those options would be without delving into your expenses and assets. Knowing you make $50k per year is simply not enough information. You should consult with an experienced tax attorney to discuss your options in detail.

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Do I have to change my tax status on my checks from single to married?

I think you're talking about federal withholdings on your paychecks, right? There is nothing wrong with claiming one even though you have additional dependents. This way the employer will withhold more than if you were claiming 2 or 3 or more. The trouble that people get into is when they claim too high a number and there is insufficient withholdings.

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Is there a statue of limitation on collecting revised state tax monies?

The statute of limitations on collection of CA state taxes is 20 years, but there are several different events that can impose a stay that suspends the statutory period. See the FTB link below for more information. When you say these are "revised" taxes, do you mean that they were reassessments done after an audit? Are they amended returns? The statutory lien date (the beginning of the statute of limitations period) is often later than taxpayers think.

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Do I need a Tax Attorney for this situation?

Many attorneys offer a free consultation. It doesn't hurt to talk to pick up the phone and talk to somebody with experience in this field. You may be a good candidate for "Currently Not Collectible" status. The worst thing you can do is to do nothing at all. If you do nothing, the IRS will begin to aggressively collect what is owed.

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I got married in July, 2011. Normally I file my taxes as Single. can I continue to do so?

You can't file single if you were married last year. But you may file "separately." Maybe this is what you mean. Your filing status would be "Married filing separately."

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I got a 1099-non employee comp and a 1099-misc other income from a company i never worked for

I agree with Mr. Martin. It may have been illegal for him to hire you (and perhaps the "contract" between you two would be deemed null and void), but you still owe the taxes. Remember Al Capone? Even money earned through illegal activities is taxable.

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Can the IRS assess tax to one joint filer without creating a separate account for the spouse?

If you always file jointly, including in 2002, then the 2002 balance should be a joint and several liability. I am curious to know how it is that you believe the IRS made a separate assessment for that year. Is it because only your wife received a notice? If so, I would not rely on that. It is common for the IRS to send separate notices (one to MR and one to MRS) on joint accounts. It is possible that your notice was lost in the mail or simply never sent. I don't think your understanding...

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Is the money from selling personal belongings taxable?

You must pay taxes on ALL income. Hire a tax preparer or accountant to prepare your return this year. It will be well worth the money spent.

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