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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1376
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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I filed a joint 2010 tax return with my now exhusband under

Resolved Question:

I filed a joint 2010 tax return with my now exhusband under the assumption that he would split the $ returned with me. He is refusing to do so. Do I have any recourse? Could I file an amended return changing my status to single? We were separated during the entire 2010 tax year....
Submitted: 2 years ago.
Category: Tax
Expert:  Jax Tax replied 2 years ago.

Jax Tax : If you were legally separated meaning court ordered, then you should have filed single or head of household if you lived apart and you supported a child. Unfortunately, fixing your return will only cause.you to owe now that the IRS has issued the refund.
Jax Tax : The IRS will not get involved in Civil Disputes
Jax Tax : That is why they only direct deposit to joint accounts and send the check in both names.
Jax Tax : If you did not endorse the check (if mailed) then call the police and report the fraud.
Jax Tax : If direct deposited, you will either have to Sue him civilly in court or bring it up during the divorce.
Jax Tax : So, yes you can amend to single if legally separated under.court order, but that will not help.
Jax Tax : At this point it is a civil issue that must be dealt with in court depending on how he acquired the money in full. If he forged your signature, tell him to pay it over or you will call the police.
Customer:

It was not a "court ordered" separation, simply mutually agreed upon. Divorce is complete. I know that if I'd filed separately I would have received $120 federally and owed $80 to the state. However, if filing separately, he would have owed over $1200. So I agreed to file jointly. I was advised by someone else that if I filed an amended return, the joint return would then be flagged and he would be forced to file separately... Is there no truth to that?

Jax Tax : Were you legally divorced prior to December 31 2010?
Customer:

No, married until April of this year. At this point I really don't care about the $, it's more the principle...I only lost $30, but he gained over $3000. (The $ he would've owed plus the return he got instead)

Customer:

I believe his accountants filed our return electronically, so I would assume it was deposited directly into his account. We did not have a joint account...

Jax Tax : If so, you must file Single. Yes, amending your return to single will cause him to have to do the same, but since the joint return is already been processed and a refund issued, both of you will be on the hook for the additional tax owed not just him. Both.of you. Amending the return will not help. It is a civil issue. Please do not listen to whomever told you this. It will go bad if you amend.
Jax Tax : You cannot file single if you were married. The return cannot be amended.
Jax Tax : The IRS will not deposit a refund unless the account is joint.
Jax Tax : Regardless. It is a civil issue that will have to be dealt.with in small claims court.
Customer:

So are you telling me that $ had to be deposited in a joint account?

Jax Tax : Unless he forged your signature. Call IRS at(NNN) NNN-NNNNand ask how the refund was sent. Also, if efiled, the preparer is required to have a efile permission slip signed by you. If you never.signed, ask the preparer for a copy of the efile authorization. If he does not have it, tell him to pay you or you are going to an attorney. If he has it but is forged by your ex, tell him you are going to police.
Jax Tax : He must provide a copy of this to you 3 up to 3 years after filing.
Customer:

Ok... I don't like your answers, but I know they are most likely accurate. Thanks for your help!

Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1376
Experience: JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
Jax Tax and 6 other Tax Specialists are ready to help you

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