Discussion:Client is distraught...any advice?
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| Revision as of 03:08, 16 October 2009 R2 (Talk | contribs) (You are referrin) ← Previous diff |
Current revision DZCPA (Talk | contribs) (Sorry, I thought) |
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| {{ForumReplyPost|UserID=R2|Date=16 October 2009|Text=You are referring to IRC Sec. 66(a). Unfortunately (or fortunately), California Family Courts do not folow IRC Sec. 66(a) when allocating property and debts of a married couple domiciled in California.}} | {{ForumReplyPost|UserID=R2|Date=16 October 2009|Text=You are referring to IRC Sec. 66(a). Unfortunately (or fortunately), California Family Courts do not folow IRC Sec. 66(a) when allocating property and debts of a married couple domiciled in California.}} | ||
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| + | {{ForumReplyPost|UserID=DZCPA|Date=16 October 2009|Text=Sorry, I thought this was an income tax question. I will leave the California Family Courts rules to the lawyers.}} | ||
Current revision
Discussion Forum Index --> Basic Tax Questions --> Client is distraught...any advice?
Discussion Forum Index --> Tax Questions --> Client is distraught...any advice?
| 15 October 2009 | |
| Yesterday I efiled my clients (who are getting divorced). Husband talked wife into filing jointly to minimize the tax liability--he saved approximately $1,500. Both taxpayers are self employed: MFS, husband would have owed $7,000; wife would have owed $200. Well, after the return was accepted by the IRS, husband informed wife that she was now on the hook for half the tax liaibily. She is distraught and called to find out if she could amend and now file MFS? I have never come accross anything like this. Is there anything that can be done? Innocent spouse relief? Thanks... | |
| 15 October 2009 | |
| The deadline for switching to a separate return was April 15, 2009. | |
| 15 October 2009 | |
| Thanks R2, but I beleive that Rev. Proc. 2000-15 will not work as the return does not have an understatement of tax due to erroneous items of the taxpayer's spouse... | |
| 15 October 2009 | |
| While 6015(b) or 6015(c) relief is only available if there is a deficiency, 6015(f) relief is available when no deficiency exists. Nothing in your post would lead me to believe that your client is not eligible for 6015(f) equitable relief. | |
| 15 October 2009 | |
| This should be brought to the attention of the wife's divorce attorney and the appropriate adjustments made. | |
| 16 October 2009 | |
| I just noticed that you are in California. Sorry, I should have noticed before. Was any of this income considered to be community property? | |
Southparkcpa (talk|edits) said: | 16 October 2009 |
| Off topic..... but it would seem to me that you discussed with BOTH the liability etc.... I would think you did...right?
If that's the case, the husband is a #cumbag. I would turn my back on him and help the wife in any way I could. He will turn on you in the same way one day. | |
| 16 October 2009 | |
| Not really. If the income was community property, the tax debt would be allocated under California law on a 50-50 basis. | |
| 16 October 2009 | |
| Not community if they lived apart all year and did not transfer income between themselves and do not file joint. | |
| 16 October 2009 | |
| You are referring to IRC Sec. 66(a). Unfortunately (or fortunately), California Family Courts do not folow IRC Sec. 66(a) when allocating property and debts of a married couple domiciled in California. | |
| 16 October 2009 | |
| Sorry, I thought this was an income tax question. I will leave the California Family Courts rules to the lawyers. | |
