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classy106
Feb 3, 2010, 10:48 PM
I failed to file taxes in 1999 and 2000. My husband had several businesses and he had a bookkeeper, who was supposed to file our taxes. A company that he had represented was investigated by the SEC, and all our assets were turned over to its Receiver, everything, including things I owned prior to our marriage. We file married/separately, and we had married in 01/98. It turns out that the IRS filed taxes for me (married/separately) because the bookkeeper never filed them, and so much was going on at that time, that I never thought of it again (we didn't know the bookkeeper had never filed). All assets that we had 10 years ago were in my husband's business/corporation accounts, not mine, and we've always filed separately until 2005. In 1999, my husband showered me with gifts and money and I paid a lot of the expenses from my personal account. In 1999, one of my bank accounts had deposits of $10K, $27K, $9, and one $40K, but towards the end of 1999, there were hardly any deposits and the balance was avg $1,000. In 2000, everything was given to the Receiver, we had no cars, houses, any assets or money. Since 2000, we've not had much income. The Franchise Tax Board said, according the taxes the IRS filed, 1999 income was over $398K and over $297K for 2000 (includes rental income, sch1 commissions, other income of $369K (1999), which should all be for my husband's corporations, not for me, so I disagree with these amounts but don't know what to do. My husband is disabled (heart disease, diabetes, etc, and needs back surgery), he only gets $600 on SS and I make $10.50 an hour at Hilton Reservations, working full time. I can afford an attorney. Is there a statute of limitations on collecting on tax years a person didn't file, but IRS filed for you?; should I refile?; should I submit an offer-in-compromise, agreeing with the amounts, even though I do not agree; or sign some other form showing that the FTB taking my wages is going to hurt us tremendously; anything I can do to stop the wage garnishment; I got a Wage and Income Transcript but IRS said that 1999 was destroyed so they couldn't send it to me and 2000 shows ZERO; so I was told by IRS to order copies of the Audit Reports, but that is going to take money I don't have, and now question will it help me anyway. Can you advise what, if anything, I can do to get all this corrected and to stop the FTB garnishment? Your time is deeply appreciated and thank you all.

AtlantaTaxExpert
Mar 3, 2010, 04:11 PM
To deal with the Franchise Tax Board, you need professional help.

If you cannot afford a tax attorney or enrolled agent, try a free legal clinic.