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URL:  http://boards.fool.com/zolax-what-i-would-like-is-some-ideas-given-14621120.aspx

Subject:  Re: Off the wall problem...need info Date:  3/24/2001  5:47 PM
Author:  mathetes Number:  48929 of 126491

ZolaX: What I would like is some ideas. Given that I KNOW for a fact that his W-4 was properly filled out, do we have any recourse to the employer for penalties and interest? Should we try to get the IRS to forgive the tax for this year because of the situation? My ex saw all the withholding for FICA etc, and didn't realize anything was wrong, and I kick myself doubly--first because if I had seen the paystub last year I would have been able to help him, and second because if I had known before I filed, we could have filed jointly and the refund would have been more than adequate to pay what he owed.

ZolaX -- you are a wonderful person! What a caring posting.

Unfortunately, neither corporate payroll departments nor the IRS are likely to be moved by the situation. Nor, I suppose, can we expect them to be, except for the occasional individual .... but the facts are that this was probably one of those regrettable mistakes, yet the tax is still owed...

Now: your own suggested retroactive solution -- that you could have filed jointly because your refund would have covered the tax he owes -- can be applied prospectively if you consider this: what you are saying, stated very simply, is that you can pay his tax. After all, applying your refund toward his tax means you are paying it. So just do it.

Now, if you want to file and amended joint return, you could do that, if it would make a significant dollar difference in the net amount paid/received. But assuming that would not be a significant difference, why go to that trouble?

As someone with a brother who is perhaps somewhat in the same situation as your separated husband, let me once again commend you for your compassion.

mathetes

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