My mother and her husband (Ohio) are still married but don't live together anymre for various reasons. Anyways, she got a letter today that he owes $3000 in unfiled income taxes. It said they are going to put a lien against him. The house is in my Mothers name and it is paid for, was paid for b4 they even got married. However they used to file jointly (she doesn't work). He is now out of work so they can't garnish his wages. Can they put a lien on my Moms house? He owns a car that is paid for, would they put a lien on that first? What should she do?
ETA: I wasn't sure how to post a response so I'm just adding additional info. Well it's not from a year that they filed jointly. Apparently he has just not filed at all in the past couple of years and it said he owes $3000. The letter was addressed to him only.
If the tax liability relates to a year that your mom filed jointly with her husband, then she is also liable for these taxes. Having said that, it seems odd based on the limited facts that you have provided that the letter was addressed only to him.
If she is held liable, she may be able to avail herself of the "innocent spouse" rules to avoid liability. These are complicated and fact sensitive rules and she will need a tax attorney to help her.
Hope this helps.
Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
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.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
1 lawyer agrees