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CVM Law Group, LLP
Jack S. Johal
8795 Folsom Blvd Ste 200
Sacramento, CA 95826
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Call (916) 381-6171
CVM Law Group, LLP
Attorney Jack Johal, who practices in Sacramento, California, is an of-counsel attorney with CVM Law Group, LLP. He received his Bachelor’s Degree in English and Economics in 1978 from Occidental College, and in 1981, he got his Juris Doctor from Duquesne University School of Law. Two years after that, he received his Masters of Law in Taxation from New York University School of Law.Lawyer Jack Johal handles probate matters including summary administration proceedings, formal proceedings, guardianships and conservatorships proceedings; plus trust administration proceedings and litigation. Hel has more than twenty-five years of experience in taxation, organization, real estate, business, estate planning, and probate and trust administration.
Furthermore, Jack has extensive experience in the preparation of wills, revocable trusts, life insurance trusts, and charitable trusts. He also handles the documentation and formation, restructuring and dissolution of corporations, partnerships, and limited liability companies.
Answers
Can a property of a deceased person be transferred before the IRS gets it?
It is already a part of her estate. If she owed the IRS taxes, then they may have already liened her assets, including her car . If you take the car and they discover that you changed title, they will pursue you for the value of the car. When dealing with the IRS, I highly recommend not playing any games. Pay the taxes, they are a liability of your Mother's estate. Once all of her debts and liabilities are paid, then her beneficiaries will receive the residue.
Is there a statute of limitations for unpaid tax?
I apologize, but I am not familiar with Texas law which governs your situation. It appears as though you did receive a notice of unpaid taxes and you didn't pay them. Therefore, you are liable for the taxes. You should attempt an offer and compromise. In other words, contact the taxing authority, tell them your situation and see if they will take a lesser amount.
How can I reduce my monthly tax payment to the IRS?
You need to contact the IRS and negotiate an additional installment plan. You will need to show them that your current payments are too high and it is causing a hardship to you. I recommend retaining a CPA or tax attorney who specializes in workouts with the IRS.
Would there be a way to get back the money I paid for the IRS for taxes?
If you owed the IRS taxes, then you owe them the money. If you disagree with the IRS, then you should file a claim for refund. You cannot arbitrarily determine that they are wrong with regard to your qualifying for the earned income credit, and, therefore, not pay taxes in the future.
Would there be a way for me and my former husband share the tax that we owe?
Your family law lawyer should have addressed that issue in your divorce. The IRS will proceed against both of you and collect the tax from both of you or from whomever they can collect the tax liability. You should go back to your family law attorney and ask why this issue was not addressed in the divorce proceedings. If you make payments, there is no assurance that you will be able to force your husband to make equal payments unless you can get him to agree.
Disclaimer: The responses above do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. They should not be relied upon as legal advice.