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Ask Lane Your Own Question
Category: Tax
Satisfied Customers: 11819
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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I believe my ex husband committed tax fraud while we were married

Customer Question

I believe my ex husband committed tax fraud while we were married and after the
divorce I have reason to believe he continued to use my name when he filed for himself.
I have an identity theft issue that happened recently while I was trying to refinance the home we lived in and pay him off but my excellent credit went from 700-800 to 500-600 range.
I believe that he may want the house sold immediately before the IRS finds out what he has done. My attorney advised me to complete an innocent spouse document as well as an identity the. After reading the information I was not sure if I should fill out both or just one and I didn't want to do the wrong form.
The identity theft included mail fraud and my mail was forwarded to his address and I am still in the process of correcting that but it caused a lot of problems for me as you can imagine.
I have just submitted a complaint with the post office and I have gone online many times to view the information at the IRS but I still am unsure about what to do and I am also
fearful of what he might do but I can no longer do nothing. I have a 17 year old son and a 14 year old daughter and we have all lived in fear for too long. They are waiting for me to take control as they see me do so well in other areas of my life.
If you have any advice I would appreciate it.
Thank you
De***** *****
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.
Hi,...First, your attorney advised you well, These are two different issues; Innocent Spouse relief and identity theft....Innocent Spouse (there are really three versions of this) relief protects you from being jointly liable for something your husband did on the jointly filed tax return....Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits....Separation of Liability Relief provides for the allocation of additional tax owed between you and your former spouse or your current spouse from whom you are separated when an item was not reported properly on a joint return. The tax allocated to you is the amount for which you are responsible....Equitable Relief may apply when you do not qualify for innocent spouse relief or separation of liability relief for something not reported properly on a joint return and generally attributable to your spouse. You may also qualify for equitable relief if the amount of tax reported is correct on your joint return but the tax was not paid with the return....To seek innocent spouse relief, separation of liability relief, or equitable relief, you should submit to the IRS a completed Form 8857(PDF), Request for Innocent Spouse Relief, or a written statement containing the same information required on Form 8857....For identity theft (for the IRS part of this) you use form 14039 ( with the identity theft piece of this, you'll also want to report to (1) the local law enforcement authorities, the FTC (Federal Trade Commission), and any companies or lenders you think may be affected....Here's an excellent over from the FTC on this:...
Expert:  Lane replied 1 year ago.
Finally allows you to report online and begin to get your arms around tings...
Expert:  Lane replied 1 year ago.
Please let me know if you have any questions at all....If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the faces or stars on your screen, and then clicking “submit")...JustAnswer will not credit me for the time and work unless you rate me positively....Thank you!Lane……I hold a law degree (JD, Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial, Social Security/ Medicare, & estate, as well as corporate & tax, since 1986
Expert:  Lane replied 1 year ago.
Hi,...Do you have further questions? (Sorry for the data-dump) I just wanted to cover the bases as it relates to the tax and identity theft pieces....Please let me know how I can help further...I can also make what's called an additional services offer here (so that we can discuss the legal aspects of this confidentially)....let me know..Lane..
Expert:  Lane replied 1 year ago.
Hi,...I’m just checking back in to see how things are going...Did my answer help?...Let me know…...Thanks,Lane…