"Christopher" <christopher69c[at]christopherhill.com> wrote

- quote -

You can't amend a return after the due date from MFJ to MFS.
She can probably rake advantage of the Innocent Spouse
rules (you don't seem to be so innocent though) if she truly
didn't know about the trades that gave rise to the debt.
It's a tough sell though these days. Otherwise, she's
"on-the-hook", as it were, till you get the taxes paid off.
I suggest she see a local CPA or EA for guidance on the
Innocent Spouse provisions, but in the mean time, have her
lower her withholdings to just below what her expected tax
bill will be (so there is a small balance due) will keep the
IRS from keeping her overpayment and apply it to your debt.

--
Paul Thomas, CPA
paulthomascpapc[at]bellsouth.net

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

Christopher wrote:

- quote -

Christopher, if you filed that 2000 timely on 4/15/2001 then
the statute of limitations is gone for filing an amended
return, that statue tolled on 4/15/2004. Also,you may want
to consider having your wife file Innocent Spouse to get out
from under the taxes owed that were soley yours or Injured
Spouse, I do not have all that information at present to
tell you which she qualifies for. But if you go to the
irs.gov website and do a search on both they will tell you
the provisions for each...

Good Luck!

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

Christopher wrote:

- quote -

Christopher, first you need to seek professional (mental)
help now... To answer your question about switching from
married joint to married filing seperately, the answer is
NO. you can go from MFS to MFJ but not the other way
around.

Missy Doyle

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

Christopher <christopher69c[at]christopherhill.com> wrote:

- quote -

Sorry, the time has long passed to be able to change from
MFJ to MFS. Too late.

If your wife signed a correct tax return with you she is on
the hook too.

At this point, you would genrally try to enter into an
installment payment plan, in which you ask the IRS to break
down your tax deficiency plus penalty and interest into
easier to make monthly installments. They prefer to take it
out of your checking account on the same day every month.

If you have looked at your assets and liabilities and have
concluded there is just no way you can possibly make even
monthly payments, even if given 3-5 years of payments, then
you can consider an Offer in Compromise. This procedure
just became more complicated and expensive, requiring you to
pay 20% of your offer with your application and continue
making monthly payments even while the IRS is deciding if
they will or will not acceopt your offer.

If you go the OIC route, I would recommend you be
represented by a CPA or Enrolled Agent (EA) who is
experienced in IRS Collection & Representation matters.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

Christopher wrote:

- quote -

Technically the answer to your question is "Yes", it can be
done.

However, and here's the catch, IRS will simply ignore it
since their rules say one can't change from joint to
separate after filing.

The ONLY time in which they might is if for some reason you
find out you weren't really married on Dec 31st of the tax
year.

ChEAr$,
Harlan Lunsford, EA n LA
Thur, July 27, 2006

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

"Christopher" <christopher69c[at]christopherhill.com> wrote:

- quote -

No. You cannot switch to MFS filing status after the due
date of the return.

Your large balance due will not chase you into the grave
unless you will it to. Assuming you filed a timely return,
you're already more than halfway to not owing a penny for
that year.

You don't mention what resolution you and the IRS reached
about the balance due. If that resolution no longer works
because of changes in your financial condition, get in touch
with them.

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

Christopher wrote:

- quote -

Read the section at the top of the 1040X form, and see what
it has to say about changing your filing status from Joint
to Separate. I do not have access to a copy of the form at
the moment, but believe that that IS NOT ALLOWED after the
normal filing date.

Alternately, she may be able to file a Request for Innocent
Spouse Relief, assuming she really did not know that you
were "cooking the books" to avoid tax. But, she did sign the
joint return......

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

"Christopher" <christopher69c[at]christopherhill.com> wrote:

- quote -

Won't work - first off your tax liabality would be higher and
second off the Code does not allow amending from a joint return
to Married filing seperately because that would accomplish just
what you are trying to do. They want both on the hook for the
liability.

Regards,

Mark

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >

I have filed (two years ago) for tax year 1999 and was
assessed an inordinate amount of money primarily due to
volumous trading in high tech stocks. I never took any
portion of the profits I made out in order to cover the
capital gains. In 2000, prior to my selling the stocks in
order to cover those taxes, the market crashed and I
effectively lost everything. However, I still ended up with
a huge tax liability.

When I filed for that year, I filed married/joint. My
spouse really had nothing to do with the trading that I did.

My question is this: Can I refile with a 1040X and file
this time, married seperately, so that she is no longer on
the hook for the debt. I cannot see how there is going to
be a positive conclusion to my tax situation (possible life
ending) but I would like to not see the IRS come after her
for my failures.

Does anyone think that this can be done?

Thanks from someone in extremely dire straits, trying to
save the life of one of us.

Christopher

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >