Knowledge of IRS Ten Year Statute of Limitations


K

kellyron500

Hi All,

In 1991 the IRS garished my wages for taxes owed by my ex wife & "me".
She was actually been married previously and received a great deal of
money in the settlement for the sale of the home owned by her and her
ex and the IRS wanted $12.5k in cap gains taxes since she never re-
invested any of the money. She spent the money before she and I even
married...shop-a-holic...had a decent job though, so I had no reason
to be concerned....anyway, I find out during our seperation prior to
divirce when the tax comes due...since we file jointly and were still
legally married, I become a debtor to the IRS as well. We make an
appointment, talk to an agent, I try to beg out on grounds I had no
knowledge of the sale, the cap gains etc...and the IRS tells us to go
away while they look into it further.

We hear nothing, the divorce is finalized, the ex dissapears and in
1992 I get a notice of wage garnishment and lein from the IRS...I'm
young, I'm afraid and I'm too embarrassed to let a wage garnishment
get to my employer so I make a deal on the phone with the IRS to take
small deductions from my payroll and I am told I will not receive any
refund money from future filings while I still owe. The deductions
take place between 1992 and 1996 when I leave that job and never
remembered that the deductions were taking place - it became pretty
much normal - I was a county employee and like most, I looked to make
sure my amount was the same every payday, and if it was, I looked no
further.

It is now 2007...16 years later from the assessment. I had several
letters over the years from the IRS after the deductions stopped,
stating that I owed the taxes, and I will not fill you with the sad
details, but had issues that made ignoring the problem seem easier.

Regardless, the letters stopped a long time ago, but a recent check of
my Credit Report shows the Fed Tax Lein still on there, dated 1992. I
have filed regualrly and do not receive the refunds when due even as
recent as my 2005 returns (in 2006) and I have yet to file 2006 - no
motivations to until April, really.

Anyway, any advice on the Statute of Limitations as it relates to the
above? Has it kicked in for this debt which was never really mine in
the first place but I put myself in a hole by accepting responsibility
in the form of deductions? Has their continuation to without my
refunds constituted some sort of continuation of our agreeement? The
last time I paid on the agreement was 11 years ago.

Can I have this removed from my credit record?
 
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P

Phil Marti

Anyway, any advice on the Statute of Limitations as it relates to the
above?
Unless extended by agreement or operation of law it expires 10 years after
the date of assessment, one detail you didn't provide. While we're at it,
did your installment agreement include an extension of that time?
Can I have this removed from my credit record?
<snip>

Credit reporting companies will continue to report it, I think as
"satisfied," for several years after it's released.

Step one is to call IRS at 1-800-829-1040 and ask them what their records
show about the collection statute and the notice of lien. If they say the
statute is still open, ask why.
 

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