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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12695
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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Estranged wife files taxes with a accounting firm. Forged

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Estranged wife files taxes with a accounting firm. Forged husband who was not present. What to do to firm and wife? Stole money out of account by writing check to cash.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Maryland. Also is accounting liable?
JA: Has anything been filed or reported?
Customer: I haven't files anything not contacted irs
JA: Anything else you want the lawyer to know before I connect you?
Customer: She picked up w2 from past employer with out my knowledge

Hi. My names Lane. I'd like to help you here.

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I hold a law degree, with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice to clients on three continents since 1986.

Bear with me just a moment and I’ll provide my initial response and then we can go from there if you have further questions on this.

Customer: replied 5 months ago.
Thanks

When a spouse proves that their signature was forged, the joint election will be invalidated.

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However, if there was "Tacit Consent," the return will be considered filed correctly even if the signature was forged.

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Tacit consent, according to IRS, means you agreed to the filing of your joint tax return even if you didn’t verbally authorize the signature. Factors that support you consented to the filing include the following:

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  • You gave your W-2’s or 1099’s to your spouse
  • You did not protest the filing of taxes
  • Have filed joint returns in the past
  • Did not file a married filing separate tax return and had a filing requirement

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So, as you can see, if you file a "married filing separately" return, you have at LEAST two out of the three.

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You can request the IRS to start an investigation by filing IRS Form 3911 to determine if your refund check was cashed. Be sure to include a statement why you believe your signature was forged on the check.

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When you file a return married filing separate, the IRS will notify you that a joint return was already filed. Now you have the IRS attention and your written correspondence has a greater chance of getting someone to correct the problem.

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If the IRS determines that your spouse forged you signature, the IRS will accept your married filing separate return. Your spouse will be assessed negligence and fraudulent penalties for filing a false return.

Please let me know if you have ANY questions at all, before rating me.

I hope you’ll rate me (using those stars, or faces on your screen, and clicking submit) based on thoroughness and accuracy, rather than any good news / bad news content.

Otherwise I’ll receive no compensation at all, from JustAnswer.

Thank you!

Lane

Customer: replied 5 months ago.
We had files electronically previous years. This year she went to an accounting firm unknown to me. Was electronically to irs then direct deposited. She wrote check for cash same day as deposit. Does the service she used hold any accountability? They allowed her to forge. I have the actual tax forms. She also called employer. They allowed her to pick up w2 with out my permission. Was expecting they would mail it. To late to file new taxes?

Again, you have an EXCELLENT case for shoeing it was forged and having her be assessed negligence and fraudulent penalties for filing a false return.

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her picking it up rather than you GIVING it to her, changing providers, the fact of writing a check out on the same day, calling the employer ... she doesn't have a leg to stand on.

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In terms of the firm, they'll simply say that they had no idea the return was forged (the Form 8879, IRS e-file Signature Authorization - IRS.gov is what was forged here) ... same thing as forging a return.

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GO get her. File the form 3911.

Lane and other Tax Specialists are ready to help you

This crap goes on all the time. I just handled a case for a client where the EXACT same thing happened (husband this time).

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We threatened to call the DA and file a theft by conversion charge, filed the married filing jointly return, told him about the form 3911, and he amended the return to Married Filing separately

Thanks much.