mmm_link
recently joined
Reged: 04/12/07
Posts: 3
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My sister is going through a divorce. Last year, her husband (during the divorce process) used her W-2 and filed for the both of them (without her knowledge or consent). However, he pocketed the entire tax refund of $20,000. The bulk of the refund was due to he depreciated the entire amount of a LandRover vehicle (~$54,000). He has a small business that makes less than $30,000 while my sister is really the breadwinner >$100,000. Will she be liable? Can she claim innocent spouse even though he electronically filed? Can she file criminal charges against him? What fees/penalties will she/they be facing?
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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Liable for what? Her income was reported and all taxes were paid - there's nothing for her to be liable for.
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Eternity is too long to be wrong.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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So when it came time for her to file 2005 tax returns she just never thought about it or what? Why didn't she do it on her own? Are they being audited now?
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13.1...because I am only half crazy!
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mmm_link
recently joined
Reged: 04/12/07
Posts: 3
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Maybe I should be more specific. My sister was afraid of her husband and moved out of the house. Her W-2 came in the mail and he did a joint return. Normally, they would get a refund of the mortgage interest around $2000-$3000. He owns his own business (himself, a computer, a printer) by designing log houses, he is not an architect though. His income was ~$30,000 for the business, but he took a depreciation of the Land Rover for it's full value (which I know is not legal). This turned his $30,000 income into a $30,000 loss (or around that amount). My sister was going to file her own taxes but once she learned he used her W-2, then it was too late.
I received a response from another site, basically to get a lawyer. Until it is resolved, she is liable. Since she is the only one that has a decent income, the IRS has been looking towards her to pay it back.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Liable for what again? Did they get caught?
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13.1...because I am only half crazy!
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mmm_link
recently joined
Reged: 04/12/07
Posts: 3
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Tax fraud. She did have the taxes audited and there was fraud. I was wondering about innocent spouse rules/laws since she never signed or authorized the return.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Okay, that makes sense. Wow that was a fast audit. She could claim innocent spouse or injured spouse or whatever that is called, but that does not mean she will be successful. She needs an attorney.
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13.1...because I am only half crazy!
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irsfixer
newbie
Reged: 06/13/07
Posts: 49
Loc: Houston
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She needs to file an Innocent Spouse Claim before the time is up to do it. That is two years from the date the IRS first began collection on the account.
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Mike Wellman
http://irsos.com
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