Legal Question in Tax Law in California

1986 taxes

I have received an amnesty letter from the CA Tax Brd.After 18 years, they now inform me I owe over $1300 in back state taxes,forgiving over $1500 in penalties. I have remarried and have been in TN for 15+ years with no info on this until 12-30-04.

I was married at the time,and my ex and I filed bankruptcy that year on 12-17-86;it was discharged in Fresno CA on 5-31-87.The Tax Brd states they received some sort of payment of $50 in Oct.1987. My ex took care of the finances;I have no access to tax records,him, or any ancient history of ours after all these years .I moved to TN in 1989,having lived in Fresno following the bankruptcy and not being contacted for all these years subsequently. I have remarried and lived with no notice from California for the 1lmost 15 years of our marriage here in TN.Now,having medical bills from cancer surgery in Oct.& Nov,2004,I need this like a hole in the head. Am I liable for this?


Asked on 1/13/05, 5:17 pm

1 Answer from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: 1986 taxes

if you field a joint return, you are normally liable for the taxes. it is possible that you may qualify for innocent spouse relief.

SEE http://www.ftb.ca.gov/forms/misc/705.pdf

you might also qualify for hardship relief based on your medical situation.

SEE http://www.ftb.ca.gov/forms/02_forms/911.pdf

it is not certain, however, that the state will actually make an effort to collect these taxes (by levying your bank account or placing a lien on your assets), which could show up on your credit report.

my consistent advice to taxpayers who owe substantial amounts of taxes or who dispute the amount owed, however, is that the taxpayer never contact the tax agency directly. i always recommend using a tax representative.

my experience is that, at a minimum, the tax agency will use the contact (particularly telephone contact) to obtain admissions from a taxpayer that are unfavorable or to obtain details as to the taxpayer's current address, bank accounts and assets (in order to make their collection efforts easier and more likely to succeed).

http://www.ftb.ca.gov/forms/02_forms/911.pdf

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Answered on 1/13/05, 5:43 pm


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