Legal Question in Tax Law in California

Ex got the business so am I still responsible!!

My ex and I had a business that was incorporated in California. I was not directly involved in the business after our separation and the divorce wasn't finalized until 4 years later......in that time he negelected to pay the federal withholding taxes to the IRS. Supposedly he has been paying them but I've recently learned that I have a lien against me for payroll taxes.......he got the business, along with all the assets and liabilities..... If the IRS attempts or does collect these from me what legal action can I take........I've been told that it's not the IRS's concern and that I'd have to take my ex to civil court to get the money back......it this true?


Asked on 1/19/08, 7:27 pm

1 Answer from Attorneys
Jeb Burton The Burton Law Firm

Re: Ex got the business so am I still responsible!!

Yes and no. There is something called the innocent spouse defense, but you would need to hire a tax attorney (or qualified CPA) to negotiate with the IRS on your behalf. If you do have to pay taxes, you might have a civil remedy against your husband.

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Answered on 1/21/08, 11:35 am


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