Legal Question in Tax Law in California

What's the best way to handle very late tax filing?

For the past 4 year my husband has been handling our finances. That was a big mistake. Over that time he has failed to file our tax returns and continues to keep delaying the process of filing. Now we are behind and I know that we owe money for our taxes. We own a house and have two children. I want to file the taxes but I am not getting his cooperation in the matter. Is it better if I try to file on my own to correct my part of it and just pay whatever the amount is they say I owe. Will I still be accountable for his part too? I worry that some day I may end up in jail. What is the best way to go about this?

Asked on 10/15/04, 5:17 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: What's the best way to handle very late tax filing?

The only way to get this matter resolved is to file your returns. The IRS does NOT want to put you in jail, and they are willing to do things to get you back into the maintream of filing regular tax returns. Offers in compromise, abatement of penalties, etc.

The bottom line is that they will do NOTHING until you file your returns, and the IRS statute of limitations does not begin until after your returns are filed.

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Answered on 10/18/04, 12:51 pm
Joel Selik

Re: What's the best way to handle very late tax filing?

You should hire a tax attorney who can advise you on innocent spouse, offers in compromise, filing past returns and related matters. If you need referrals, we can provide.


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Answered on 10/16/04, 11:17 am

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