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D. WINOGO ESQ., Attorney
Category: Legal
Satisfied Customers: 4714
Experience:  10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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My ex-husband forged my signature and committed tax fraud in

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My ex-husband forged my signature and committed tax fraud in my name in 2010. When i got the tax return from the accounting firm, I had my CPA look to see if the taxes were done correctly, and was told that it was not. I have to re-file for 2010 and pay the taxes that my ex-husband did not. I am un-employed. My question is: can i sue my ex in federal court (he frauded the state taxes too) for forgery and fraud. I will have to pay close to 18K in taxes that were supposed to be paid by him. Can i sue the accounting firm as well? My fear is that when the IRS looks at the taxes for 2010, I am afraid that this same type of "tax fraud" has been committed for years, with the accounting firm standing clearly behind my ex. I had no idea that any of this fraud was going on. I had assumed that once we hired an accounting firm to do the taxes, there would be NO WAY my ex could commit fraud. We are going to "divorce court" next month on multiple contempt charges that he committed against the divorce decree , but I dont know if this is the right court to oversee this particular problem. Help? What are my options
Submitted: 4 years ago.
Category: Legal
Expert:  D. WINOGO ESQ. replied 4 years ago.
Were you actually divorced in 2010 at the time your ex filed your taxes? You would not sue your ex-husband in federal court since there is no federal issue and the matter involves less than $75,000. You can file a separate proceeding against your ex-husband in state court in the county where he resides on the grounds of fraud and detrimental reliance for the $18,000 you had to pay out of pocket plus any additional related out of pocket expenses (the fee you had to pay your personal CPA to review the taxes). You cannot sue the accounting firm for preparing the returns as instructed by their client (your ex) unless you can demonstrate that they were aware of the divorce decree and that he was committing tax fraud.
Customer: replied 4 years ago.
we were divorced in 12/2010. The accounting firm "should" have know about the divorce decree, as I called them to ask "how the taxes were going in May of 2010" (i live out of state). They stated they were not done. I asked them to "contact me" when they needed my input and the taxes were finished. Subsequently, the taxes were sent in October of 2011 without my "interest income statements, etc" and with a forged signature. When I called the "firm" to ask "how did these taxes get filed without my signature? They stated "i do not know". Also, I have since called them three times requesting "my" documents only, as I need to re-file and they refuse to return my call. The amount of taxes that did NOT get paid in my name are probably around 20K. I believe that I can prove they were aware of the "divorce" and I did not give them permission to file fraudulant taxes in my name, with a forged signature to boot. SO, I believe that the accounting firm was well aware of any and all tax fraud. They completed the taxes. Can i get a "forensic CPA" to go thru the taxes? Or does a court need to approve that?
Expert:  D. WINOGO ESQ. replied 4 years ago.
You can retain a forensic CPA to examine the documents and tax returns to determine if there was intentional fraud on the part of the accounting firm. Then during the lawsuit, if and when you file, a hearing will be set-up to determine the admissibility of your expert's evidence and testimony.
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