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Hammer O'Justice
Hammer O'Justice, Attorney
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Experience:  Almost 12 years of legal experience
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my wife has been forging my signature on tax returns e-filing,telling

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my wife has been forging my signature on tax returns e-filing,telling me i dont need to sign.have never seen till recently trusting her to b truthful,now going thru nasty divorce with 2 and 4 year old little girls.can i file forgery charges on her for this

Maryland is odd in that it doesn't have an individual forgery statute. Rather, crimes that involve forgery are separated into categories depending on what was done. For example, if someone forges another's signature on a check and cashes it, that is encompassed by the check fraud statute. If someone signs for the property of another and keeps it, that is theft. If someone forges a name on a credit card slip, it is credit card fraud. And so on. If she didn't have your permission to sign your name, and she used it to get the refund and keep it for herself without your consent, then it may qualify as identity theft or another fraudulent crime. However, if she had your permission to sign it, or you acted in another way to suggest she had permission, or she did not obtain a benefit by signing it, such as a refund, then you likely do not have grounds for these types of charges.

You can also contact the IRS to file a complaint if the documents were e-signed without your permission. They will not take action if they find that you "tacitly consented" to the signing, however. This page explains what "tacit consent" is:

Hope this helps clarify things.
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