Legal Question in Tax Law in California

i owe about 10,000. in back taxes. After my accident i can no longer work. I own my 2003 toyota tacoma but i put the title in moms name to avoid repo from irs.

My question. If I add my name to the title and my moms name is still on title as like a co-owner, can the truck still be leined on or repo from irs?

Asked on 9/19/12, 1:43 pm

1 Answer from Attorneys

Christian Montgomery Montgomery & Wetenkamp, Attorneys At Law

The truck may be subject to a Federal Tax Lien if your name is on the title. Based on the limited facts provided, the transfer to your mother does not, on the surface, appear to be an arm's length transaction and may still be subject to Internal Revenue Service (IRS) collection enforcement. Even if it were an arm's length transaction, the lien rights likely were already vested before the transfer. Working to amicably resolve the debt is the best approach to avoiding enforced collection actions by the IRS.

There are several collection alternatives available to taxpayers who are unable to pay their IRS tax debt. Each case is unique. Many additional facts are needed to accurately answer your question and determine what option is best for your individual circumstances. An experienced tax relief attorney should be able to review your options with you, often through a free consultation. My website may provide you with some helpful infomation:

This response should not be considered legal advice. No attorney-client relationship is formed by this response, which reflects only the opinion of the author. The response should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question and could change if additional facts were made available.

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Answered on 9/20/12, 2:28 pm

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