[WSBAPT] Also Probate - IRS claim on annuity payments?

[Tom J. Westbrook]

Also, bear in mind there is a 10 year collection limit on IRS liens, so if the lien is over 10 years since it was recorded and the taxpayer did not take any action that would toll the collection period, such as an offer in compromise, then the lien expires.

 

https://www.irs.gov/irm/part5/irm_05-001-019.html 

 

See 5.1.19.1.1  (05-19-2016)

Collection Statutes

 

    Each tax assessment has a CSED. Internal Revenue Code section 6502 provides that the length of the period for collection after assessment of a tax liability is 10 years. The collection statute expiration ends the government's right to pursue collection of a liability.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

 

 

Rodgers, Kee & Card

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan
Sent: Thursday, May 26, 2016 10:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Also Probate - IRS claim on annuity payments?

 

Sharon:

 

The IRS can reach IRA accounts while we are alive, so they can after death as well. As a matter of policy they only pursue collection when Alice in "flagrant" cases. I do not think that policy applies to decedents' accounts.

 

The levy comes ahead of everything but admin expenses and expenses of last illness. 

 

https://www.irs.gov/irm/part5/irm_05-005-001.html

 

https://www.irs.gov/irm/part5/irm_05-011-006.html

 

John Sullivan

Sent from my iPhone


On May 26, 2016, at 12:54 PM, Sharon Rutberg <email at sharonrutberglaw.com> wrote:

	Listmates –

	 

	Decedent owed the IRS for unpaid taxes. Left few assets. Ex-wife was the beneficiary of his employee pension/annuity and is now receiving the monthly payments. Title 11 RCW appears to exclude annuity payments from the definition of nonprobate assets subject to creditor claims. Wondering, however, if under federal law the IRS is likely to make a claim against the payments going to the ex-wife. 

	 

	Thanks for any help.

	 

	Sharon

	 

	Law Office of Sharon C. Rutberg, PS

	1734 NW Market St.

	Seattle, WA 98107

	Website: www.sharonrutberglaw.com <http://www.sharonrutberglaw.com/>  

	206-409-2604

	email at sharonrutberglaw.com

	Washington State Bar #47055
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