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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
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Experience:  10 years experience
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My spouse is using a different address on s medication and

Customer Question

My spouse is using a different address on his medication and with INS. because he could not get Medicaid using my address. However, we file MFJ living together. Is that a problem for me.
JA: The Accountant will know how to help. Please tell me more, so we can help you best.
Customer: He has a employment ID # ***** puts on his w2 However he blocks out his address for privacy issues he says.
JA: Is there anything else important you think the Accountant should know?
Customer: He states he uses my address on the W2 but I am unclear.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Accountant about your situation and then connect you two.
Submitted: 3 months ago.
Category: Tax
Customer: replied 3 months ago.
We have children together but he does not support them He is just using his name on paper with me to get a benefit. Family Court Fraudulently closed my case of 18,000. I had no choose to be on taxes with him He has more income than me.
Expert:  emc011075 replied 3 months ago.

Hi. My name is ***** ***** I will be happy to help you.

As you probably suspect he is not very honest and most likely cheating getting Medicaid and other government benefits. I would strongly recommend not to file a joint return with him. It could get you in enormous trouble if IRS finds out that he is also cheating on is taxes. You will be responsible for his taxes and he will find a way to get out of it.

If you do not live together for more than 6 month, you can file head of household since your dependents live with you or file married filing separate. Do not sign a joint return. And if he files jointly without your knowledge, file a paper return yourself, even if you do not have any income. It will cancel the joint return and you stay protected in case his income get audited.

Expert:  emc011075 replied 3 months ago.

I see you read my respond. Do you have any questions? Is there anything else I can help you with today?

Customer: replied 3 months ago.
Two things I failed to mention:
Spouse signs a Notarized Statutory Declaration of income with me every year. and he has a Department of Labor Case claim which he won and was settled for 100,000.00. It is know a case of Breach of Contract because the settlement has not be paid. I feel that I am protected because of these reasons.
Customer: replied 3 months ago.
waiting for response...
Expert:  emc011075 replied 3 months ago.

No, you are not. When you file a joint tax return with somebody you declare Under penalties of perjury that to the best of your knowledge the return is correct. If IRS audit that return and finds deficiencies, you will BOTH be responsible for the balance. IRS will not split it in half, it will go after both of you until the full balance is paid off. No declaration of settlement will change it.

Expert:  emc011075 replied 3 months ago.

The question that is often asked to determine somebody's liability is did the person knew or had a reason to know. And that's the tricky question. If you knew that he is using different address to get medicaid, basically misleading the authorities, maybe hiding his assets in LLC by using your address for tax forms, you will have difficult time to prove that you had no way of knowing that he potentially may cheat on your joint tax return. I would not file a joint return with him.

Expert:  emc011075 replied 3 months ago.

IRS is a government agency with its own rules. Any notarized declarations or court papers may protect you in civil courts but not when it comes to IRS.

The only way to protect yourself from tax debt is not to file a joint return with somebody who has or may have issues with IRS.

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