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Ask Lane Your Own Question

Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 4009
Experience:  Juris Doctorate, CFP and MBA, Providing Financial & Tax advice since 1986
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My ex gave me a copy of the first two pages of his

Resolved Question:

My ex gave me a copy of the first two pages of his 2012 taxes. He normally uses Turbo Tax, but the return he gave me is not prepared by turbo tax. Although he did send me a confirmation from Turbo Tax that he filed for an extension. His taxes seem falsified to me but I have no way of knowing...see http://www.xxxxxxxx.com/?xxxxxxxxxxxx The reason for my question is that I am trying to correct incorrect child support payments. He only disclosed his income from his job to the Court but his taxes show an 11, 500 dollar "loss from business" deduction. He did not give me the part of his taxes that show how much his "business income" was - he only told me that it was 2,000. I know from when we were married that his business is computer consulting. My question is if it is likely that 2,000 from computer consulting can generate an 11, 500 business loss deduction? Thank you.

Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

NPVAdvisor :

Hi, it might be possible if he bought equipment took a section 179 deduction. . There is a special depreciation deduction, where one can deduct the full cost of business equipment in the year it was placed inservice ... this would generate what's called a net operating loss, which an even be carried forward to use against future income - Now, whether it's real OR whether it would be allowed (

NPVAdvisor :

is a different quesrion

NPVAdvisor :

IRS could say rhat 5)8

NPVAdvisor :

sorry, could say that the equipment wouldn't be"lrdinary and neccessary for his business

NPVAdvisor :

also, filed through Turbotax, but what he showed you is not? that one seems pretty transparent

NPVAdvisor :

you should have you atty subpeona the return as part of discovery ... that way, if he tries to show a fake one thatvwill be contempt of court (at the very least)

Customer:

Transparently fraud I assume. I am filing the motion for back child support based on tax filing fraud. The undisclosed business income proved by the "loss" speaks to more fraud.

NPVAdvisor :

yes, its called fraud and deceipt ... but believe me he doesn't want to make a judge mad, but showing up with something that's not

NPVAdvisor :

true, accurate

Customer:

I am representing myself but I am sending a subpoena to his employer for his income and bonus info. My understanding is that I can't subpoena his taxes.

NPVAdvisor :

you can have

NPVAdvisor :

a transcript ordered from IRS of his actual tax Ccount

NPVAdvisor :

"account" / return

Customer:

I am aware of the transcript but I forgot the form number. But that forms requires his signature which he won't provide. Any advice?

NPVAdvisor :

its 4506-t and can be done online, BUT, you shouldn't do it as him, then you're lowering yourself to his level .... you can CERTAINLY have it subpoena'd

NPVAdvisor :

another thought ... would still take a court action, but you can ask for 1099 or lther payment information from his clients

Customer:

I don't believe I can subpoena his tax transcript. I think I already asked a legal expert on this site.

NPVAdvisor :

BuT honestly, if yzou a copy of a return, that you can document wasn't done with turbotax and then document that thr actual return was file USING turbotax, that coukd go a long way, shoing that he's trying to hide something

NPVAdvisor :

you'd have to petition the court bt yes, you can subpoena ANYTHINGthat documents his income in child support cases ... tax transcript is what most judges would ALWAYS ask for on the cases ... next est is check stub or otherpay documentation

Customer:

I have the copy of his return that he sent me and an extension that he filed through Turbo Tax, but I can't otherwise prove that his actual return was filed using turbotax. You and I see it as though he is hiding something but the courts honestly don't care about things that appear transparent. They want proof. I can subpoena his income and if it doesn't match his taxes, that works too, but I have proof that he stated on more than once that he was filing married but separate with one dependent. The copy of the taxes he gave me show he filed married jointly with 4 dependents. My case is there - the rest is gravy.

Customer:

Thanks for the link. I will check it out.

NPVAdvisor :

Sounds like you have your arms around it ... but (please don't shoot the messenger here) he COULD have tried the deduction ... whether it will stand up under scrutiny, again, is another question Hope fully having all the facts will help you see around some corners ... again, they may say that the deduction will be disallowed (if he really DID try to take it), if it would not be necessary for his busines

NPVAdvisor :

Hope this has helped

Customer:

Oh thanks for your input but please understand that I am not arguing the validity of his deduction. I am simply pointing out that on 7/1/13 he said his income was this $, yet his tax returns show that he had a loss from business income deduction which proves he had other "undisclosed" income which can also affects child support. Since his taxes don't show what that income was perhaps I can ask for the transcript but the courts are not likely to order it. I've been to this rode a few times before.

NPVAdvisor :

K ... I don't think you have anything to lose by asking for that, specifically (you see the lawyers on avvo saying that its a normal pert of discovery) Might help toput it in writing and send them something certified, so they can't "lose the request in the shuffle>" ... Just as thought

NPVAdvisor :

Good luck with it... give 'em "heck"

NPVAdvisor :

Let me know if I ca do anything else for you

Customer:

Thanks you've been great!

NPVAdvisor :

YW, if you'd like to ask for me again, just say "For Lane Only," at the beginning of your next question I'm a CFP and Chartered Retirement Plans specialist, and have been providing financial (including tax) advice for over 25 years, utspecific to this, I'm in my last year of lawschool and DO have a feel for the legal issues as well

NPVAdvisor :

Let me know

NPVAdvisor :

If this HAS helped, I would appreciate a feedback rating of 3 (OK) or better … That's the only way they will pay us here.


HOWEVER, if you need more on this, PLEASE COME BACK here, so you won't be charged for another question.

Customer:

Wow, that's great to know. Thanks Lane I will definitely ask for you again. I posted a question on AVVO about if I can file subpoena for taxes the same as for income from his employer. Good tip about sending it certified. Thanks, again.

NPVAdvisor :

You are VERY welcome ... enjoyed it

Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 4009
Experience: Juris Doctorate, CFP and MBA, Providing Financial & Tax advice since 1986
Lane and 2 other Tax Specialists are ready to help you

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