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Brother 1040
Brother 1040
I have a question about taxes owed to the IRS?
My girlfriend’s ex-husband cashed in his 401k one year to buy the plane tickets for his mistress(and her brother) to go back to their home country. Now, a few years after my girlfriend divorced him, the IRS is asking for the taxes on the 401k that HE failed to claim on the 1040 for that year. Will the IRS give her the option of paying half of that and leaving the balance for him to worry about? Does she have any options that would keep her from paying the entire amount? He is not working and probably will not be paying ANY of the bill. HELP!!!
Hi, I’m Susan, and I work for TurboTax.
Yikes, this sounds like a dreadful situation. An important factor is whether you live in a community property state or not.
If you do: Because your girlfriend was married at the time, the tax liability is a community liability. However, there are some rules around if you can prove that a person spent community assets for things that did not “serve the interest of the community” (that is, the marriage – don’t you hate legal-ese?), then there might be some recourse. At a minimum, I think that she would not owe more than 50% of the liability. You could try having her pay her half of the liability and letting the IRS try to sort it all out. It may be worth it to consult her divorce attorney to help resolve the situation.
I sincerely wish you good luck – this one’s a doozy.
Susan, TurboTax Tax Compliance Service manager
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