Do I have to pay back taxes on a joint return if I never knew my ex-wife recived the money in the first place and never recieved a dime of it?

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Do I have to pay back taxes on a joint return if I never knew my ex-wife recived the money in the first place and never recieved a dime of it?

I filed jointly 3 years ago because I was told to by the judge to do what was in the best intrest of my son. However my ex-wife did not tell the court she inheritd $82,000. Which my son and I never saw. Because of this the IRS is say we owe back taxes. How do I get my name not connected to this? I try innocent spouse but I can receive it because I need a Schedule D however I do not have the information to complete one and she will not give me the information becuase she rather see me pay the $20,000 in back taxes since she unemployed and they can touch her only myself.

Asked on May 17, 2012 under Bankruptcy Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that you need to seek help here.  Generally speaking, inheritance is tax free as the estate pays the taxes prior to distribution.  So why you are being taxed on them I do not understand.  Now, you need to take your ex back to court and ask the judge to subpoena the necessary records.  Or you can look in the estate file for the person who left her the money - it is a public record - and try and put together the information you need.  Good luck.


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