I think X-wife cash my IRA

Got notice from IRS stating I didnt claim 52K and now I owe 16k in back taxes for 2007 Was unemployeed during most of 07 -- did not qualify for unemployment, claimed what work I did do (had orders w/the Navy and also had a job, that didn't work out for a few months) . The only thing I can think of, is was finalizing a divorce at the time and my x had 5 IRA's that were supposed to be for the children. Only recently did I discover that there were 2 for the children, 1 for me (it had $200.00 in it) one for her, and one joint. I always let her do finances, and trusted her. It's looking as if she may have cashed one out in my name or join name, and kept the $$.. If this is what happened (I am researching) what would I have to do? Divorce originated in NJ- live in PA now
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Steve Fromm

Steve Fromm

Contributor Level 7
Although all the facts are not clear, it seems that you filed jointly with your wife and perhaps signed the 2007 return and did not know about these IRA distributions. There is something in the Internal Revenue called the "innocent spouse rules" that protects a spouse against being held liable for joint taxes. There are some very detailed tests that have to met to qualify and the facts of each situation usually dictate the result.
A full discussion of these rules is beyond the scope of this forum. However, depending on the full facts of your case you may qualify. The process to qualify as an innocent spouse with the IRS takes time, effort and money.

Hope this helps.

Mr. Fromm is registered to practice law in Pennsylvania and can be reached at 215-735-2336. This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
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