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Hawaii Form 14039: What You Should Know

The IRS's identity theft program is a federal crime — but there's a big loophole: the government doesn't have to prove that theft occurred to establish liability. Under the False Claims Act, the law governing “identity theft, the government can recover from a debtor what it would have been entitled to recover for fraud had the victim been the debtor. . . . The IRS doesn't track people who use the identity theft hotline, only the people who actually file a claim and call in the fake claim. The IRS's identity theft phone line doesn't provide much insight into how often this kind of activity occurs — and when people are calling to report it. There have only been a few reports in the last year, so it's impossible to know if those reported calls were cases of fraud.  It is not unusual for people who try to scam identity thieves to try to report it to the IRS, but it is unusual for the phone line operators to receive that call. You don't have to file if you don't want to Once you file the Form 13949, the IRS will give you a Notice of Federal Tax Lien. If the property is worth more than the mortgage, you won't be liable for that. If it's worth less than the mortgage, you will be eligible to file under the “self-employed persons” filing status. If your spouse has died, you're not eligible to file under this filing status. The IRS says that if you can't afford to repay a tax debt, you should go to the bankruptcy court, not a self-employment court. That's because bankruptcy judges often find it easier to reduce tax debt than to garnish wages.  The IRS says if you and your spouse want to go through the self-employment court process, you'll have to make a separate claim for this type of claim.  And those types of claims can be much quicker (usually about a month) than bankruptcy proceedings, and, if not successful, you're free to come back to the bankruptcy court for a claim for discharge. Your spouse may also want to speak with a bankruptcy lawyer before filing his or her claim for bankruptcy relief.  But, if you and your spouse don't want to file, you can let the IRS collect from your monthly Social Security benefits and pay your bills the normal way.

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