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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89362
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a lot of questions and am in need of some really good

Customer Question

I have a lot of questions and am in need of some really good advice. It has been brought to my attention when finally obtain my tax return for the past 4 years that my husband owns businesses I didn tknow we had or he had i should say and it was not disclosed. Also our returns our not correct at all, it claims we were below poverty level. What can I do about this because our taxes were beyond cooked.
Submitted: 1 year ago.
Category: Legal
Expert:  dylatess replied 1 year ago.

Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you.

 

If your husband signed your name, you have a valid excuse. But if you signed, and have now discovered the fraud, you will need to contact a CPA who is an enrolled IRS agent (ask when you call) and he will represent you. But likewise, going this route, I also assume that you are taking an adverse position to your husband which includes continuing your marriage. Regardless, at this point, since the IRS is not suing you, this is not a legal problem and is best handled by a CPA.

Customer: replied 1 year ago.

No we are divorced, and I never saw the taxes he always brought home jst the back copy of what we would get back. I didnt work so my income was not on the taxes. Not to mention the business he is claming to have and the 100k worth of equipment he sold and took a deduction of 11000 this year on it. I only finally was given a copy of my taxes because he kept them from me and black mailed me into divorce, because i accidentlay found his ss number on something else, he was always hiding money and I never saw the checking account or never had any access to any money but now I find myself in a child support mess he feels he doesnt have to pay support for our kids and is then saying he will file a custody suit agaisnt me so he doesnt have to pay support. its all about money. meanwhile my rent has not been paid he was to pay this for me until may of 2013 after whihc support would be looked at, well nothing and i am sitting here almost ready for eviction, now he going after me for support and then i stumble upon these documents in the process. what can i do, can i use this against him? he is claiming to make 7k per year!!! we spent that in one weekend. hes buying all this stuff brand new and paying 850 in rent up until may 2013. 7k per year? also this was not brought up in our divorce at all. do I have any claim to have that thrown out. i got nothing he bullied me into a divorce and made the order so screwed up child support officers are confused. but also can I use this to my favor in custody? can he really get custody? seriously he told me via text message he would give me 500 per month to hand over full custody of my kids. he also sent a request to the judge in my upcoming hearing 2 weeks after he was served child support papers that he was going to be filing for full custody. custody was established a year and a half ago and has never been a problem sicne.. please help

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

First, if you are finding that tax returns that were filed jointly with your name are inaccurate and you had no knowledge, you need to get to a local tax professional and file an Innocent Spouse form where you sign an affidavit regarding your lack of knowledge of what was filed. At the same time you would file a complaint about the false tax reports.

Second, if he did not disclose all of this in the divorce, this is grounds to return to court to file a motion to re-open the marital property settlement based on his fraud and the court will open the marital property portion of the case and you would go through all of the assets concealed during the divorce and the court would issue you an adjusted property settlement award, plus it is more likely than not the court will make him pay for your attorney's fees based on him committing fraud in the initial claim. Furthermore, this would likely be cause to get any new claims against you dismissed, including his new claim for custody.



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Customer: replied 1 year ago.

would it be wise to try and settle this out of court? he was trying to keep his our taxes a secret for years, not only did he state he made one amount in a divorce decree and claimed another on our taxes he said on our taxes he had business up and running that he sold 8 years ago to claim depreciation on his equipment. I thought you could only use a loss in value if you were using the property at the place of business. also we had a daughter on state insurance and he mom signed something stating his income that was also a different amount than our taxes. how should i start going about this. I would like to stop it in its tracks before it even get filed with the court. what could be the penalty for him because of this fraud. Its not hard to see as soon as you look at all the taxes that he is a snake. I am shocked actually the tax place cooked the books so much. appalled actually

Expert:  Law Educator, Esq. replied 1 year ago.
It would be wise for HIM to settle this matter with you to avoid it going to the IRS. Also, if tax evasion is found the IRS can come in and seize his property and bank accounts meaning he would not have any more money to pay you. Thus, you need to deal with this cautiously even for your benefit.

You thought correctly on depreciation and he cannot claim business expenses or depreciation on a business he no longer operates.

Tax fraud or tax evasion, depending on the total discovered can range from fines and penalties to criminal prosecution with up to 5-10 years in federal prison and under federal sentencing guidelines he would have to go to prison and could not just get only probation.
Customer: replied 1 year ago.

this is the other thing i am confused about he uses one ofhis business taxes in our family taxes personal tax he says he gets 110k but them claims a loss on it of 100k can he do that? thats his business how can you claim a loss on pour personal taxes like that? and i know for a fact its all bull that being said we made total of 10k that year and our house payments were 2300k per month, so i ask a judge for an audit or what should i do. im not really worried about the money but my kids. I am a good mom and he just ants to not pay spport. as you can see he has a problem with paying people he owes money too so thats his claim for custody. our tazes are like this for 4 years so I can onli imagine they have always been done this way

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You can claim business profits and losses on personal taxes if the business is an S-Corporation or a Limited Liability Company as those are "flow through" tax entities and that means that any profits/losses go on the owner's personal taxes.

You need to conduct discovery and ask in a request for production for the business records in addition to his personal records you have so you can compare the two. The court will not do the audit, you would have to get the records in a request for production and engage your own accountant to conduct the audit.
Customer: replied 1 year ago.

would this be the same for a prenump as well? about disclosure? and for the discovery do I do that after everything else first?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, if there is a prenuptial agreement that has to be disclosed and distribution of assets would go in accordance to that agreement as that is an enforceable binding contract.

As for discovery you do that at any time before trial.

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