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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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Hi, I was in a 25 year marriage where my husband prepared all

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Hi, I was in a 25 year marriage where my husband prepared all of our tax returns. The last return he prepared our married, filing jointly, return was in 2005. In 2007, after we were divorced and living in separate residences, he must have found an error in "our" 2005 tax return that resulted in his preparing a 1040X for "our" 2005 return. He submitted "our" 1040X and was issued a significant refund for "our" 2005 taxes in 2008. My only awareness of his 2005 - 1040X submission was a letter from the IRS notifying me of the refund. Because I had had an emotional breakdown as a result of the marriage end (a lot of horrible information about my husband's secret life came to light around the time of the actual divorce), I did not press him for additional information about the refund. However, today I have hired an attorney and am pursuing the truth of the 2005 1040X submission as well as the whereabouts of my half? of the refund. I NEVER SIGNED A 1040X TO AMEND OUR 2005 TAX RETURN. So, here are my questions:
1. Could he have submitted a 2005 1040X without my signature?
2. Would the IRS process a 1040X if it did not include the signatures of both individuals - even if the 2 individuals were divorced?
3. How might I find out if the 2005 - 1040X did or did not include my signature?
4. If my ex-husband forged my signature on the 2005 1040X, what would the legal consequences be for him?
5. I have a divorce attorney working on my case. Is there anything that he could do to assist me in getting answers to my questions and acting legally on my behalf if my ex-husband forged my signature?
It is obvious that he forged your signature to the amended tax returns. However, I doubt that anyone is going to be interested in any criminal action against him. You do have a case for your half of the refund and your attorney should have already made a written demand. If he does not pay, then you would file suit against him.
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