IRS Debt after death..who is responsible? POA or Spouse?

by staci

My father was dx'd with stage 4 cancer we just found out that he owes back taxes to the IRS. Apparently he hadn't filed his taxes in several years, before he became disabled. He is married now (but not when he was negligent in filing, from 2001-2005). His wife is not his power of attorney, he daughter is. He has no assets to name, the home etc. is in his wife's name alone. Who would assume the responsibility for this unpaid debt the poa or the spouse?

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Jan 13, 2014
IRS Debt.
by: Anonymous

IRS Debt after death..who is responsible? POA or Spouse?
I am separated for 26 years my husband is diabetic and needs to do dialysis, but is not willing to do it., I am not divorced, but lived separately for 26 years, I know he has an IRS debt for a long time and the IRS is taking payments from his Social security, will I be responsible for any of this if he passes.

Reply from

We are not experts on the ins and outs of the IRS. Therefore, we highly recommend that you meet with a CPA or a tax attorney to get your question answered. An appointment should not cost a lot because it will probably last no more than 1 hour.

Feb 27, 2013
sale taxes owed
by: Anonymous

husband died owing sales tax on his business that i closed after he died do i have to pay the taxes.

Reply from

We recommend you get an answer from a tax professional. Unfortunately, that's not our area of expertise.

Nov 04, 2012
IRS Debt after death..who is responsible? POA or Spouse?

I do not believe either person is responsible for your father's unpaid taxes. His spouse would not be because the two of them were not married when your father ran up his federal tax debt and the person with his POA would not be either. So, the debt may be uncollectible given that from what you tell me, your father did not have any assets when he died.

I recommend that you consult with a tax CPA to confirm my information.

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