Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hello again...you asked:1. Can she do what she is threatening, by filing an amended return as an individual which would effect my filingA: A tax return may be amended as to status within three years of the date that the return was originally due. However, after two years, the amount of refund that may be claimed is limited by the amount of tax previously paid. So, if your ex's goal is to inflict punishment on you, it's possible for her to do so. And, you could ask the court to credit you with the amount of additional tax imposed, on grounds that your spouse is intentionally impairing the marital assets.The judge would be highly likely to rule in your favor.2. Since we were not divorced yet, would her spousal support need to be reported and taxable if she were to have filed as individual?A: 26 C.F.R. 1.71-(1)(b)(3) provides that a temporary order, under IRC 71(b)(2)(C), is sufficient to create an award for alimony. Consequently, if your spouse files as an individual, she will be taxed on her receipt of alimony payments.She seems to think it is not since it was a temporary order and we were not divorced. I think what she is suggesting is extortion.Your opinion?A: Extortion, perhaps, but you'll never get the DA to charge your spouse with the crime. If that were to happen, 90% of the divorcing parties in the state would be pounding on the DA's door looking for "justice." As the old saying goes, "Hell hath no fury...etc."
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