Legal Question in Tax Law in California

My husband hasn't filed income taxes in several years. Can I be held responsable for him not filing?

Asked on 7/27/13, 2:01 am

2 Answers from Attorneys

William Christian Rodi Pollock

You may be. It depends on the facts of your particular situation, but earnings during marriage are usually treated as community property. Since half those earnings are attributed to you, you are responsible for assuring that the earnings are reported to the IRS. Failure to properly report may create a personal liability. Further, as a member of the community, you may have an obligation to assure all reporting is done. The fact that your Husband failed to prepare returns is not likely to be much of a defense for your not doing so.

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Answered on 8/01/13, 6:11 pm
Robert Kubler The Kubler Law Firm

Well, notwithstanding his failure, you ought to be filing your own returns at least which he could file jointly on as well or be filing separate.

If you filed separate, you guys can still file a joint return unless a notice of deficiency went out.

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Answered on 8/23/13, 1:25 pm


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