If I own a property with my brother as joint tenants, can the IRS confiscate it for his back taxes?

My brother did not pay his income taxes for 2 years. The IRS is now taking the property for payment of my brother’s income taxes. How do I stop this action?How do I get the IRS to give to me half of the funds?

Asked on September 24, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under federal law the Internal Revenue Service can confiscate your brother's interest (but not yours) in the real property that you are writing about for unpaid federal taxes owed. His interest in the property will then be auctioned off where you will have an opportunity to purchase it well under market. I suggest that you and your brother consult with a real estate and tax attorney to see what your legal options are to get the Internal Revenue Service paid off to stop the seizure and auction of the property.

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