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jgdarragh2285
jgdarragh2285, Accountant
Category: Tax
Satisfied Customers: 392
Experience:  Former IRS Agent, Master of Accountancy, Tax Return Preparer
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what to do in this situation? marriage doing tax return for

Resolved Question:

what to do in this situation?
marriage doing tax return for many years
preparation of the all documents was only one person because of her profession- accounting
after divorce the spouse discovered that for several years his wife was cheating on settlement
would like to report it but is afraid he will be he also had to suffer the consequences for it
Submitted: 12 months ago.
Category: Tax
Expert:  jgdarragh2285 replied 12 months ago.

jgdarragh2285 :

Hi my name is XXXXX XXXXX I will be helping you today with your tax question. Just to clarify, the man in this situation filed jointly with his wife, but she handled everything all he did was sign the returns. Years later he realized that the spouse was cheating on the taxes but isnt sure whether to report it because he doesnt want to have issues as well.

jgdarragh2285 :

Is that correct?

Customer:

yes correct, and the detail of cheating was - for 14 years she included on tax her father who was dead all this time.....

jgdarragh2285 :

There is a such thing as an innocent spouse claim where in some cases you can report a spouse for fraud on a return, but then file an innocent spouse claim saying you had no knowledge of the issue and then be exempt from any consequences if the IRS accepts it. However in this case, when you signed the return you should have used normal care and prudent to understand what you were signing and the IRS's standpoint will likely be that you should have reviewed the return and saw that her father was taken as a exemption and knew that he was deceased and therefore refused to sign the return. So you can be just as liable as she is. I would recommend that you do not blow the whistle on this. It may end up hurting you.

jgdarragh2285, Accountant
Category: Tax
Satisfied Customers: 392
Experience: Former IRS Agent, Master of Accountancy, Tax Return Preparer
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