Can an entire IRS debt be paid by the estate of a deceased or must it be split between the estate and the surviving spouse?

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Can an entire IRS debt be paid by the estate of a deceased or must it be split between the estate and the surviving spouse?

My husband recently died leaving behind a large debt on a prior year tax return. The return was filed as married filing jointly.

Asked on April 1, 2012 under Bankruptcy Law, Virginia

Answers:

Daniel Bowen / Daniel D. Bowen, Attorney at Law

Answered 11 years ago | Contributor

Because you filed a joint return you also owe the debt.  Consult a tax attorney as to whether the innocent spouse rule applies.


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