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Were you in fact married to him in 2001 and living together?
Ok, thanks. For the IRS issue you are doing the right thing by filing Innocent Spouse Relief. IF that is granted, then they will not take your tax refunds to satisfy his debt. As to the tax preparer, if she is a CPA you can report her to the state board that governs her license. The only cause of action I can think of that you can sue her for would be Intentional Infliction of Emotional Distress because she knew or should have known that her actions would cause you great emotional distress. You can ask the court to award you the amount the IRS took from you and ask for punitive damages so that she is punished for her actions. You've heard this is a mess because it is a huge mess. There is no quick fix and any remedy will take time to pursue. I hope this helps clarify.
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Now, what about fraud - I filed identity theft charges against both her and my ex - because with the assistance of IRS she was misusing the power of attorney and obtaining my personal tax returns then handing them over to my ex - I know I can get my $9200 back - but its the $20, 000 lien I am worried about because obviously its ruining my credit by what they did and now my son is in college and I can't even get a parent loan to help with his student loans because I have federal judgments against me because of them filing that tax return - and she isn't a CPA she is an enrolled agent. I dont think I will prevail on an Intentional Infliction of Emotional Distress claim because I thought the conduct had to be outrageous - here its just fraud and misrepresentation - as far as IRS criminal investigation unit if they find they committed identity theft it carries a 2 yr min. mandatory in federal prison but at the end of the day - I am more concerned with having federal tax liens against me - I am in school to become a paralegal and here my credit is being destroyed, I am incurring interest and penalties on a liability that I'm not even suppose to be responsible for and I am the one trying to resolve it and I never caused the mess to begin with - he even testified on the record that he filed his taxes without my knowledge or consent....I don't know what to do to get the tax lien removed and I don't have the money to keep hiring attorneys to resolve it - I know I could request attorney fees but thats after I put the money up for a retainer first - I was thinking about filing a civ. 60 (b) or (e) on fraud - for what they did because there is no way I would have known during the divorce proceedings?? I don't know - just panicking I guess
Thank you - thats all I needed was to know I was at least on the right track - I can research the rest and if I have any more questions post as I go. My goal is to one day have finality and unfortunately I don't see the light at the end of the tunnel yet..thank you again
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