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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
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Experience:  Extensive Experience with Tax, Financial & Estate Issues
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I separated from my husband in 11/08, he had bought a house

Customer Question

I separated from my husband in 11/08, he had bought a house in 10/08 I signed a disclaimer to EVERYTHING pertaining to this house, as I knew I was divorcing him. I moved to South Dakota from Arizona and he filed Income Taxes claiming the first time homebuyers credit and he also failed to report some income for 2008. Without my knowledge or consent he filed a joint return with me which I did not sign. I didn't file taxes because I had not worked that year and I was currently living in South Dakota. I worked in South Dakota ALL of 2009 and filed my own taxes. Moved back to Arizona 6/2010 am now working at the Air Force Base in Tucson. Now I am trying to file my own taxes and it rejected them because it tells me that I owe 1/2 of the First Time Homebuyes credit. What can I do to get out of this?
Submitted: 5 years ago.
Category: Tax
Expert:  Stephen G. replied 5 years ago.

Stephen E. Grizey :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything you don't understand.

Stephen E. Grizey :

You need to call the IRS and tell them you didn't sign the 2008 return, it was filed without your knowledge; you weren't required to file a return in 2008 as you had no income & make sure you get the IRS' employees name (they use fake name but it doesn't matter), their badge number, their location, & the date & time you called. You should ask them to make a note on your file that you called to inform them of this situation & then you need to follow-up with a letter confirming the conversation, giving the date of your divorce, (it doesn't matter if it was after the joint return was filed) and requesting that you be removed from your ex-husbands account.

Stephen E. Grizey :

Initially, the employee may ask you to fill out an "innocent spouse" request or statement, but that isn't appropriate in the circumstances because you didn't file a joint return with husband (even though they think you did).

Stephen E. Grizey :

There's really nothing else you can do to get the ball rolling. Of course, they aren't going to be too happy with your ex-husband, if that matters to you. He probably won't get in too much trouble (except owing additional tax) since the IRS is usually pretty lenient, what it comes to divorce.

Stephen E. Grizey :

what = when in next to last line

Stephen E. Grizey :

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Stephen E. Grizey :

I'll be happy to answer any follow-up questions you may have.

JACUSTOMER-h2c08n5s- :

ok did all this Thank you and they are sending me copies of the 2008 return and I will go from there to the lady that filed them for him or whatever the case is

Stephen G. and 5 other Tax Specialists are ready to help you
Expert:  Stephen G. replied 5 years ago.
You can't be responsible for something you didn't claim.

Don't worry about it. Eventually it will get straightened out.

What did the IRS person say when you said you didn't file the return, ie. you sign, see or do anything else with it.?

Whoever you talked with, has no clue; it would be the same thing if I filed with you as my "spouse" & signed your name to a joint return.

I'm sure it was a low-level employee who is told, just collect the money, don't listen to any excuses.
Expert:  Stephen G. replied 5 years ago.
Remember, you need to put everything in writing. It won't do any good to track down his tax preparer; she can do even less than you.

You have to make sure you put in writing that you did not sign the return & if it is signed it is forged.

I don't even know why they are sending it to you. What are you supposed to do with it? They should be contacting your ex-husband and shaking him up; there's nothing you can do except tell them - in writing - that's very important.

Does you ex-husband know what's going on? Of course, one way to end this fiasco is for him to pay back the credit, "your" half first.

If you're still talking to him, you might tell him the IRS wants you to sign an affidavit (in blood), under the pains & penalties of perjury, swearing that you didn't sign the return and that if it was signed, your signature was forged.

Just for your information:

That's a criminal offense & he's going to find out what happens when the IRS assesses both civil and criminal (monetary) penalties. He'll wish he was in jail, by the time they get through with him.

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