(recently joined)
08/30/10 07:23 PM
He didn't file for 3 years- impact on me?

Hey everyone,

I am preparing to file for divorce from my husband by the end of the year but possibly sooner.

Just starting to get all my ducks in a row with researching, talking to people and whatnot. I have a stick tax issue, but I don't really have the means to seek out a lawyer's help on it just now. If anyone can help or point me in the direction of some free legal advice I'd much appreciate it.

My Husband has been in oil & gas for the past 5 years or one point he became an independent contractor, basically self employed, which of course requires you to take care of your own taxes whether by yourself or with the help of a CPA.

He insisted on hiring this guy in the next state because "all the other guys use him". The lady from Tax Time right here in town wasn't good enough, God only knows why. He had to give the guy a chink of money upfront and was supplied with instructions on what records to keep and how to submit payments and all that business.

All that to say this: my husband completely dropped the ball and hasn't filed taxes for the last 3 years. He lied to me about the first year, and since then, I have been utterly stonewalled when asking him questions about how he plans to handle it. I have never been allowed to handle or have a part in the finances. Now he's just ignoring the issue.

How is this going to play into my plans for divorce? The financial aspect is only a portion of the reason for the divorce itself, BTW, but that's all moot right now. I was a stay at home mom bringing in no income all that time if that's a relevant detail. I'm taking CNA training classes beginning next week and while I work as a CNA I will be studying for my LPN ticket out of this mess.

When filing, what is required in the way of giving up information about taxes? Will he get into trouble? More importantly, will I? Will this impede the divorce process at all?

Any help is appreciated.

09/10/10 09:23 AM
Re: He didn't file for 3 years- impact on me?

The IRS doesn't know anything about court records unless they choose to investigate you for other reasons. You can file innocent spouse status, but it's doubtful. You obviously know about not filing so you will be held equally responsible if it's discovered.

(Carpal \'Tunnel)
09/10/10 11:24 AM
Re: He didn't file for 3 years- impact on me?

Did you have ANY income during those three years? Even interest income on your own savings account or a joint savings account? I think you should file "Married filing separately" for those three years NOW and claim some income (otherwise you cannot file) and face the consequences.

There are stiff 'failure to file' penalties, plus interest. The sooner you file the sooner those can be taken care of. The IRS will allow you to go on a payment plan if necessary. The longer you wait the higher the 'failure to file' penalties will be. You can take care of the innocent spouse relief at the same time. You can at least get your own tax situation settled.

You will probably benefit from some good tax advice from a CPA - and the lady right there in town at Tax Time is NOT going to be your best bet. You need an established f i r m, not a fly by night service with a swinging door of UNtrained people.

(Carpal \'Tunnel)
09/16/10 02:41 PM
Re: He didn't file for 3 years- impact on me?

It is illegal to not file your taxes. Are you saying that because he didn't file, you didn't file? Do you have a taxable income? If yes, then you both could be looking at jail time. That what Wesley Snipes is going to jail for. It's not that he didn't pay, it's that he didn't file.

You really, really need to go see a tax attorney IMMEDIATELY and get square with your taxes. Don't worry about your H. Make sure YOU are square with the IRS.

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