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Anne
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1640
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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My ex husband and I got divorced in 2011

Resolved Question:

My ex husband and I got divorced in 2011 and he filed an extension for 2010 taxes jointly because he was "trying to find more deductions" aka trying to hide income to get out of paying more taxes. This makes me very nervous that my name is XXXXX XXXXX return and I know what he is up to. This is fraud and I have found out he does this every year and I didn't know it. I have been after him for months to file and I keep getting the same response that he's looking for more deductions. It's now Sept. 2013. They took my entire tax refund from this past year because he owed tax that I didn't know about from 2008 and 2009. My tax gets taken out of my paycheck and I pay my taxes every year. He is self employed and never pays in during the year. Why do I get penalized for that and they take my refund. I paid my taxes! He gets away with this every year. I was told that I had to wait for him to file since we filed an extension jointly. I want to just file separately but I was told that I can't change my filing status. Am I at his mercy to get this taken care of? Do I have to file with him if I feel he's up to fraud? Why should I be responsible for taxes I didn't even know about?  I pay taxes out of my paycheck and have worked at the same place for nine years.  I feel like I should report him for fraud and his dad's company that helps him hide income, even during our divorce so he got out of being ordered to pay child support.  What can I do to stop this?  They will take my refunds every year until his taxes are paid that he has not paid from when we were married right?  Can I qualify for innocent spouse or other to get him to pay his taxes?

Submitted: 7 months ago.
Category: Tax
Expert:  Anne replied 7 months ago.

Anne :

Hi

Anne :

Thank you for using justanswer

Anne :

Hi

Anne :

Thank you for using justanswer

Anne :

You do NOT have to file jointly with your husband, even if your extension form 4868 said you would

Anne :

Right at the VERY top of page 3 (link provided)

Anne :

http://www.irs.gov/pub/irs-pdf/f4868.pdf

Anne :

it states:

Anne :

 


If you and your spouse jointly file Form 4868 but later file


separate returns for 2012, you can enter the total amount paid with


Form 4868 on either of your separate returns. Or you and you


Anne :

 


spouse can divide the payment in any agreed amounts. Be sure


each separate return has the social security numbers (SSNs) of both


spouses.

Anne :

Further, you should have been told that there is something called "innocent spouse relief" (see link)

Anne :

http://www.irs.gov/taxtopics/tc205.html

Anne :

Since you suspect that your husband is not being honest on his tax returns, I would first file for innocent spouse relief

Anne :

You should also have been made aware that the IRS also has "Injured Spouse Form" (8379) that should have been mailed to you every year since your tax withholding was paying for your husband's taxes.

Customer:

He hasn't even filed the 2010 tax return yet. He has only filed extensions. So you are saying I should file for innocent spouse relief for 2010 even though the return is not filed and then file a married filing separate return for 2010? Can I file for innocent spouse relief to get my refund back that they withheld from me from 2008, 2009? He lied to me during the divorce and told me these years had been paid and taken care of.

Anne :

If you file Married filing separate, you don't need innocent spouse relief as you will only be filing on your income

Anne :

You only file once for each year

Anne :

if 2010 has not been filed...........then you file married filing separately period

Customer:

Am I going to get penalized for his failure to file like he has promised for months now?

Anne :

No.........because you normally get refunds, (or would, if you weren't paying his SE tax every year)

Anne :

Even if you DO get a fine.............that would be much preferable to being party of a fraudulent return

Customer:

That is true! What about the 2008 and 2009 taxes? They took my $865.00 refund for those taxes that he said had been paid for. Can I file to get that back?

Customer:

Plus there's probably fraud on those too that I don't know about. The previous years before that going back to 2004 as well.

Anne :

Technically, those are closed years, however, at this point you have NOTHING to lose by asking for the innocent spouse relief......you're going to have to call(NNN) NNN-NNNN and wait online to get a live person

Anne :

I have sometimes called numerous times to get someone that will work with me

Anne :

I think 2008 & 2009 is a long shot at best, XXXXX XXXXX I said, you have nothing to lose

Anne :

I would file my back taxes married filing separately immediately

Anne :

That way if your ex tries to file using your SS# XXXXX will get stopped

Customer:

I am still a little confused. If I file married filing separately for 2010, I am not responsible then for the taxes he owes, just for what I made out of my paycheck?

Anne :

yes

Anne :

that is why you file separate....you report your earnings/withholdings, he reports his

Customer:

So I could have done that for years and not been responsible for his taxes?

Anne :

yes

Customer:

Wow, I've been told differently

Anne :

I'm truly sorry that was the case though

Anne :

by him?"

Customer:

YES

Anne :

I'm not an ex spouse basher..........I still fill out my ex's taxes

Customer:

I thought since we were married I was equally responsible for his taxes. My refund always went to paying his taxes

Anne :

but I REALLY hate it when one uses the fear of the IRS to further their own gain

Anne :

AZ is not a community property state is it?

Customer:

Yes it is

Anne :

hold on a second , ok?

Customer:

ok

Anne :

if you file a Married Separate income tax return in most states, you would report only your own income, deductions, exemptions, and credits on your separate tax return. But, if you live in a community property state, this means you and your spouse must each report half of your combined community income and deductions, in addition to your separate income and deductions. The way you figure these amounts is affected by the community property rules of your state. In effect, federal income tax law defers to state law property rules for tax reporting purposes.

Anne :

so yes, you need to know how much he made

Anne :

also, although you can change from married filing separate to married filing joint, but not the other way

Anne :

I live in MI, a non community property state

Anne :

However, you still have some options

Customer:

Ok so I am back to square one

Anne :

maybe

Anne :

Generally, community income is all income from community property (also determined under state law), as well as salaries, wages, and other pay for the services of either or both spouses during their marriage. But, income from a spouse's separate property (as determined under applicable state law) is the separate income of that spouse. For those of you who live in Idaho, Louisiana, Texas, and Wisconsin, you should be aware that income from most separate property is treated as community income in your state.

Anne :

You would need an attorney or someone that could tell you if his business income is his separate property

Anne :

by AZ rules

Anne :

If I knew, I would tell you..........but I STRONGLY suggest that you look into that aspect

Customer:

He's getting ready to file this because I finally got mad and demanded that this be taken care of. Then he told me that "we" owe $6,000 and "we" are going to have to make payments. From 2010. My husband of nine months recently passed July 1st. Still owe on funeral. Should I try to file for innocent spouse?

Customer:

I'm at a loss

Anne :

Honey, you've had a really rough year, & I'm truly sorry that you have to deal with this in the middle of your grief

Anne :

Tell him you want a copy of the return FIRST

Anne :

Don't sign anything

Customer:

I don't want to, it's fraud

Anne :

Once you get a copy, take that copy to an Enrolled Agent, CPA, or other tax pro familiar with married filing separate laws

Anne :

Have them change the return from Joint to Separate

Anne :

then go after innocent spouse relief

Anne :

You can't stop his fraud at this point

Customer:

I didn't think I could change it from joint to separate.

Anne :

if its not been filed you can

Anne :

that's why I said to get a copy FIRST and DON'T sign it

Customer:

ok so it doesn't matter that the extension was filed jointly correct?

Anne :

Correct

Customer:

ok I will do that!

Anne :

Try to find an attorney that has a sliding scale or something

Customer:

Should I go to like HR block or someone else

Anne :

Here's my honest opinion

Anne :

I've worked for Block for 27 years, but there are people there I would NEVER recommend

Anne :

I would start calling every tax place...............I think you'll be able to tell over the phone who is willing (and has the knowledge) to help you

Anne :

I also think you need an attorney if for no other reason than he

Anne :

he HAS been filing fraudulent returns AND not told you your options

Anne :

You can put this conversation in "bookmarks" and you can come back as often as you need to at no further charge

Anne :

however, I have limited knowledge of community property states.............but I do know someone in CA that knows, because they are a community property state also

Anne :

You now have an an ally

Customer:

Should I call them

Anne :

who?

Customer:

The person in CA that you know

Anne :

Unfortunately, we

Anne :

we're not allowed to give access out of this forum

Anne :

so it would be you asking me..........me asking him...........me getting back with you

Anne :

slow process I know

Anne :

because he's not an expert here

Anne :

on justanswer

Customer:

ok

Anne :

start by getting your returns filed separately

Anne :

Don't mention anything to your ex until you're done and they're in the mail

Customer:

Good idea.

Anne :

Then you start calling the IRS

Anne :

He may still try to file joint, but it will be caught

Customer:

Should I tell them everything? They scare me

Anne :

That's why I hate it when people make the IRS scary..............yes, I know they have alot of power

Anne :

But by and large, the people who work there are just like you and me

Customer:

Although at this point he is trying to screw me over even though my husband just passed to get out of paying so.....

Anne :

they need a job........and most of them have lived some of these scenarios in their life

Anne :

when were you officially divorced?

Customer:

Sept. 7th 2011

Anne :

and you remarried when?

Customer:

Nov. 2012

Anne :

so the last year he can even TRY to file jointly is 2011

Customer:

I already filed that because we split up Jan. 2011

Anne :

good for you

Customer:

It's nice to be able to file my taxes on time and not have to file extension after extension

Anne :

yes..........I'll go along with that

Anne :

you will often find us pros filing ours on April 15

Anne :

shoemaker's kids

Customer:

Ok, so he is giving me the copy on Thursday, so I should start calling the IRS first right?

Customer:

LOL

Anne :

No...........you start calling tax pros.............you need that to be married filing separately

Customer:

ok

Anne :

You don't want to deal with the IRS until this first step is finished

Anne :

filed

Customer:

So I am trying to find out if his business income is separate correct?

Anne :

yes

Anne :

that would be a HUGE plus

Anne :

remember, you can come back here to this thread any time you need to

Customer:

Ok, thank you. I feel like there will be more bad news but I will try that

Customer:

I can come back to get more help?

Anne :

You may as well know this is going to be a marathon.....not a sprint

Anne :

absolutely

Anne :

you type more in this thread, and it will show on my page

Customer:

that's a relief! thank you

Anne :

You're most welcome

Anne :

You can rate/pay and still come back

Customer:

great, thank you so much!

Anne :

You're welcome...........Please keep in touch.....(no charge for follow ups)

Customer:

Hopefully I will get the answers and get this taken care of and come back with good news!

Customer:

Thanks Anne1

Anne :

I'm for that!

Anne :

take care of yourself, ok?

Customer:

I will, thanks! You too!

Anne :

I'm going to leave the forum now

Anne :

you can bookmark this page, and come back to post it, even after you rate my answer and pay for it

Anne :

good night

Anne :

(it's after midnight here.....but I think its only after 9 there)

Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1640
Experience: Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
Anne and 4 other Tax Specialists are ready to help you
Expert:  Anne replied 7 months ago.
Thank you for the accept and the excellent rating!

I wish you the best of luck

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