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freedom123
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Reged: 05/21/07
Posts: 528
X's tax deductions
      #367381 - 02/28/08 06:01 AM

My x owns a farm. I talked to our tax accountant yesterday who told me that x's deductions are "creative" and he's not unhappy to lose him as a client (x changed his tax preparer to his attorney's office). For example, he claimed that he paid his great aunt who's 75 and in extremely poor health for farm labor...I know this because he's trying to charge me $2K for this expense...then claiming it as a deduction. What can I do about this? He's doing some more weird things this year to make his adjusted income lower. Isn't this tax fraud for one thing?

He handled all taxes in the past...he controlled all of our finances. How can I protect myself from audit? I really didn't know or understand what he was doing until yesterday...and he never gave me any part of the tax return anyway...used it for operating funds for the farm. I'm VERY concerned at this point and don't know what to do. I haven't discussed my concerns with my tax accountant yet but he's aware that I didn't know what x was doing.


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irsfixer
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Reged: 06/13/07
Posts: 49
Loc: Houston
Re: X's tax deductions [Re: freedom123]
      #367399 - 02/28/08 08:11 AM

If you report your X for fraud, it makes it more likely they will audit prior returns. The best thing you can do is let the 3 year statute of limitations run on any joint return filed with him. If a return does get audited, then you can file an Innocent Spouse claim.

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Mike Wellman
http://irsos.com


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freedom123
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Re: X's tax deductions [Re: irsfixer]
      #367431 - 02/28/08 09:17 AM

THANKS.

I have no idea what he's done...but with everything else that's going on...argh. The man drives me crazy. My attorney just told me that the judge and the attorney will argue which items are legit on this years returns...for example he said that depreciation could not be used.


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jaiye
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Reged: 10/27/05
Posts: 860
Re: X's tax deductions [Re: freedom123]
      #368060 - 02/29/08 12:49 AM

Freedom

I personally would see what i could do to file an amended return and file seperate. You have three years to file and amended return.


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irsfixer
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Reged: 06/13/07
Posts: 49
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Re: X's tax deductions [Re: jaiye]
      #368078 - 02/29/08 01:53 AM

You may not amend a return from joint to separate.

--------------------
Mike Wellman
http://irsos.com


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freedom123
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Reged: 05/21/07
Posts: 528
Re: X's tax deductions [Re: irsfixer]
      #368085 - 02/29/08 03:49 AM

I'm thinking that if x and I get audited in the next 3 years I'm going to file for "innocent spouse". It sounds like I'd qualify. My x is a huge idiot. If he doesn't change his ways in three years I may report him myself!

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1984raider
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Reged: 08/13/07
Posts: 189
Re: X's tax deductions [Re: freedom123]
      #368091 - 02/29/08 06:40 AM

My experience tells me to do nothing. Usually people get themselves in trouble if they are doing wrong with out the ex-spouse being involved. It happen within a year after my divorce the first time and the second time was when 3 months of getting out of first problem. It took 2.5 years for her to get out second one. I now waiting for it to happen again. It will happen as surely as first two did.

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If they could have gotten along then they would not be divorced.


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Miranda
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Reged: 06/02/05
Posts: 20822
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Re: X's tax deductions [Re: irsfixer]
      #368690 - 03/01/08 04:06 PM

Quote:

You may not amend a return from joint to separate.




Why not? I was told by my attorney that if my first marriage was annulled I would have to do just that and amend my tax returns.

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13.1...because I am only half crazy!


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irsfixer
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Reged: 06/13/07
Posts: 49
Loc: Houston
Re: X's tax deductions [Re: Miranda]
      #368717 - 03/01/08 05:40 PM

Because it is the law Miranda. Period. There is no gray area here.

--------------------
Mike Wellman
http://irsos.com


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Redlegg
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Reged: 10/05/06
Posts: 26677
Re: X's tax deductions [Re: irsfixer]
      #368963 - 03/02/08 03:01 PM

I am missing something, if it was anulled how would you file as seperate and not single or head of household? I am doing an amended this year, but just to correct a simple mistake, and it did say you cannot change the status, but maybe( ok, not maybe, her lawyer knows alot i don't ) her lawyer knows something I don't.

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