Legal Question in Bankruptcy in Florida

I am newly married and in 2011 we filed our taxes together and we ended up owing the IRS 2000.00.

I have recently filed for chptr 13 bankruptcy in 2012. Part of the chptr 13 was adding the IRS taxes. The bankruptcy is only in my name.

My lawyer suggested that I file separately to keep my wife from any tax liability. When she went to file her taxes for her self, the tax agent said our best bet to increase our chances for a refund was to file togther, but for my wife to file with form 8857, "innocent spouse form." Supposedly this expemts my wife from my tax liability.

My question, since we filed together in 2011 and in 2012 I filed for chptr 13 with the owed taxes under my chpter 13 umbrella, if we file together again in 2012 along with the 8857, can the IRS try to go after my wife for the 2011 taxes owed? sort of a back-door way of going around my 13?


Asked on 1/30/13, 10:37 pm

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

It appears to me that your wife will owe the 2000 to IRS from the 2011 taxes, and that under the 13 your will have to pay a portion of it. The concept is called joint and several liability.

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Answered on 1/31/13, 6:08 am


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