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Lane
Lane, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3716
Experience:  Providing Financial & Tax advice since 1986
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My ex-husband stole our 2006 income tax federal refund, ($9900).

Customer Question

My ex-husband stole our 2006 income tax federal refund, ($9900). He forged my name and had the money transferred to an account in his name while working for a bank. I reported him to the IRS several times and they didn't do a thing. Then he abandoned myself and my 11 children (ten at home as minors at the time). Since then he has not paid child support, and I have been on and off cash assistance since then. My question is this: the state of CT is after me for the 2006 state taxes he never paid when we were still legally married. My pro bono attorney told me to file Innocent Spouse, which I did. The state then told me that I couldn't claim innocent spouse because the 2006 taxes were never filed - which I did not know. The figure is now around $6000. A huge sum for me. The last time I filed federal taxes, the state confiscated my $600 refund and put it toward that bill - which I am not responsible for. How do I fix this? Why is no one going after him? This year I am planning to file and get a much-needed return. How do I stop the state from taking it? I am also in Nursing School. I don't want to get a real job - which I desperately need to support these kids - and have the state (who is doing nothing to collect over a hundred grand in child support) take it.
Submitted: 10 months ago.
Category: Tax
Expert:  Lane replied 10 months ago.

NPVAdvisor :

Hi, please don't shoot the messenger here, but CT will keep coming after you unless you can reach an agreement of some sort with them .

NPVAdvisor :

ne thing you can try is calling and asking for a payment plan

NPVAdvisor :

Once you set that u[p and it's in place they will not attach other assets, income, etc unless you meww up the payment plan

NPVAdvisor :

(sorry for the typos) "Mess up (don't keep up with) the payment plan

NPVAdvisor :

Alsop, CT has something called an Offer in Compromise

NPVAdvisor :

There are three versions

NPVAdvisor :
Grounds for Compromise: The Commissioner or his designated agent may compromise a liability for any of the following reasons:



  • Doubt as to liability;

  • Doubt as to collectibility; or

  • Doubt both as to liability and as to collectibility.


NPVAdvisor :

Given that you were the victim of fraud you may be able to file on the 1. doubt as to liability AND 2 doubt as to collectibility ... grounds

NPVAdvisor :

If you can show low enough income and assets, you may want to file based only on Doubt as to collectibility

NPVAdvisor :

From the CT dept of revenue web site:

NPVAdvisor :
Doubt as to Collectibility: Doubt as to collectibility exists in any case where the taxpayer’s assets and income are less than the full amount of the correct tax liability. An offer of compromise based on doubt as to collectibility may involve a tax assessed by an audit assessment, in which event, the offer may only be made after the notice of assessment has been issued, or a self-assessed tax.

The person to whom an offer based on doubt as to collectibility should be submitted: If an offer of compromise is based solely on doubt as to collectibility (and is not based both on doubt as to liability and as to collectibility), the offer should be submitted to the Bureau Chief of the Compliance Process Group. The taxpayer will be required to make a full financial disclosure. An offer of compromise will generally be accepted when it is unlikely that DRS would be able to collect the full amount owed, and the amount offered reasonably reflects collection potential.

NPVAdvisor :

Here's the web page: http://www.ct.gov/drs/cwp/view.asp?a=1510&q=285216

Customer:

I talked with the state IRS and explained all of the details - at length. Why didn't they suggest this?

NPVAdvisor :

When you talk to the fols on the front lines, they are basically collectors

NPVAdvisor :

They get feathers in their caps only when they get you to npay

NPVAdvisor :

Do you still have an IRS issue as well?

Customer:

I just read over the link you sent - it states that an offer will not be accepted if the state taxes were not filed - which they weren't. How can I file from 2006 if I was married then and I have no idea where my ex is hiding now?

Customer:

So that option is out. The IRS issue I still have is that they are confiscating my returns and paying this debt, which keeps growing. My ONLY income - for a family of 9 - is $1090 a month in Cash Assistance. Oh, and that they didn't do a thing to prosecute him when he stole my refund from 2006.

NPVAdvisor :

I would ask them that question .. they'll either give you a way to give an affidavit (stating that you could not because of the abandonment, and waive the requirement for due cause) OR play hardball and make you go back and file as Married filing separately

Customer:

If I just went back and filed Married filing separately, wouldn't that take me off the hook? As I had no income and 10 dependents?

NPVAdvisor :

Yep

NPVAdvisor :

That would be the simplest thing to do and I don't know your situation financially, but would possibly generate some refunds

Customer:

That would be allowed? And stop the IRS interception?

NPVAdvisor :

I thought you said this was about the state confiscating the Federal refund ... DO you have a federal as well? Theres a different (and better issue for that)

NPVAdvisor :

But if you are just saying ... would it stop the state from intercepting the federal ... yes it would

Customer:

It is. That's what I meant. Would I be allowed to file from 2006, satisfy the state and have them stop taking my federal returns? I need them! As I said, I live on $1090 a month, in uberexpensive CT with 8 children.

NPVAdvisor :

Yes, the going back and filing those is definitely the way to go

NPVAdvisor :

Fixes EVERYTHING

NPVAdvisor :

SO many things depend on your having filed returns ... Obama care will do so as well

Customer:

I didn't think the state would let me if the federal was filed as married. And I was married.

Customer:

Obamacare?

Customer:

The years I didn't file state I didn't make enough to have to. When I did, I filed.

Customer:

Where/how do I file for 2006?

NPVAdvisor :

For connecticut?

Customer:

yes

NPVAdvisor :

I thought you said "The state then told me that I couldn't claim innocent spouse because the 2006 taxes were never filed - which I did not know"

Customer:

I said that. They never told me to go and file. Because I said I didn't know where he was. How do I file single if the same year the FEDERAL was filed MARRIED

Customer:

I was under the impression, because I was told in court, that the taxes were both filed. I assumed (ha) that he would use the refund from the federal to pay the state. Instead, he forged the federal, bought a house with his girlfriend and never filed the state, which I did not know until 5 years later when the intercepted my federal return.

Customer:

I don't know how else to explain.

NPVAdvisor :

Ok

NPVAdvisor :

What you'll need to do is file the Married Filing Separate return with a cover letter saying that your husband abandoned you and was not available to file... and further, that he file a joint federal return by forging your name

Customer:

And where/how do I find a return for 2006? And you think that will work?

NPVAdvisor :

OK let me see what I can find

NPVAdvisor :

D-400
with TC

Customer:

That's North Carolina, I'm in CT

NPVAdvisor :

So sorry was just talking to someone in NS... one moe second

NPVAdvisor :

CT-1040

NPVAdvisor :

CT-1040

NPVAdvisor :

One of those is the instruction booklet and one is the form itself (tell me if that's not what comes up)

NPVAdvisor :

You'll need to send in with a cover letter (I would send certified, so thay can't say they didn't get it)

Customer:

Great! Thank you!

NPVAdvisor :

You're very welcome ... Good luck with everything ... Let me know if I can help further

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.

Expert:  Lane replied 10 months ago.

Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

Expert:  Lane replied 10 months ago.


Hi Kristen,

Did you have other questions?

Lane
Customer: replied 10 months ago.


In looking to fill out the 1040 for 2006, it says to take all of the info from the federal 1040 - which I don't have, and which will say I owe a couple thousand. That's how it looked then, and why he never sent it in. If I'm filing "single" and I had no W2's, then how do I proceed to fill it out? I'm supposed to fill it out single, with his information?

Expert:  Lane replied 10 months ago.

Hi Kristin,

Again, that's why the cover letter is necessary.

The cover letter, as we discussed above, explains that your husband abandoned you and was not available to file... and further, that he filed a joint federal return by forging your name.

You might also add that you are filing this MARRIED FILING SEPARATELY return to be sure that you being "tax compliant."

You will fill it out in the truthful and accurate manner as if it had been filed timely (fill it out as if it were 2006, you have no income, you Do have the dependents you have, etc.

If you fill it out in a completely accurate way, that describes your situation as it truly was, they don't have a leg to stand on.

Hope this helps

Lane
Customer: replied 10 months ago.


Yes, I wrote a cover letter. Excuse my ignorance - but I don't fill in his income amounts? I fill it out just with my information, even though he included me on the federal?

Expert:  Lane replied 10 months ago.

If it was zero put zero.

That is your way of reinforcing (as the cover letter tells them) that you are sending in the form to be tax compliant (because they have told you that you must).

... but that the reality is that you had no income.

Use zeros

Lane
Lane, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3716
Experience: Providing Financial & Tax advice since 1986
Lane and other Tax Specialists are ready to help you
Expert:  Lane replied 10 months ago.

Hi Kristin,

Let me know if you need anything else as you fill out the form.

Also, be sure to send it in via Certified mail. This will ensure that they see the cover letter and it doesn't just come in through the mail room.

Send to:

Department of Revenue Services State of Connecticut PO BOX 2977 Hartford CT 06104-2977


Lane

(Positive feedback appreciated. That's her we get paid ... BUT if you need more on this, come back here.)

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