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I separated from an abusive marriage in 2014. We filed

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I separated from an...

I separated from an abusive marriage in 2014. We filed jointly that year. In 2015, my husband told me we were filing jointly and to wait for our tax accountant to call for me to come in and read and sign the 2015 return, When our tax accountant of 25 years called me in to sign, he shocked me and said I could not see the return. He said he had explicit instructions from my husband not to show me any information regarding our properties and investments. I said that that was denying me my legal rights and he said, "I don't care!" and handed me my school board W2 and said my husband sent his tax return in weeks ago. I called my attorney and he told me I had to file married filing separately until the divorce was over. I have filed separately for 2015 and 2016. I am paying a monthly installment since my husband has claimed our marital home, our rental homes and all investments and profits as solely his and pays no income tax whatsoever leaving me owing thousands. The divorce proceedings have been stalled by his tricky attorney and it has now been 3 years since we separated. I am 64 years old and have had to come out of retirement after teaching 37 years to pay for an apartment because my husband is not even allowing me to live in one of our rentals. He uses force and threats etc. to control me. I have filed two abuse reports with the police, but they say it has to go through civil court. I have paid $21,200 in attorney's fees and due to their manipulations, we have not mediated or have marital assets settled by the court. In the meantime, I took courses and reactivated my teaching certificate and am now teaching full time in order to pay my rent and monthly bills. He stole everything - my lifetime savings and investments and takes all the rental income. This will not be solved in the next few months. It looks like I will be stuck filing married filing separately again for 2017. This will add thousands to my already skyrocketed pile of debts. I don't know what to do or how to get the help I need. When this first happened, I called the IRS and they said I had to just file married filing separately but because he claimed everything I had to itemize as he did even though he would give me no information or records. Oh my goodness! Please help me with your advice if you can. Thank you in advance for any help.

Accountant's Assistant: The Accountant will know how to help. Is there anything else important you think the Accountant should know?

Thank you, ***** ***** be a good start, lol

Submitted: 1 month ago.Category: Tax
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Answered in 26 minutes by:
3/10/2018
Tax Professional: Stephen G., Sr Income Tax Expert replied 1 month ago
Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 7,407
Experience: Extensive Experience with Tax, Financial & Estate Issues
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Hello, my name is***** goal is to give you a complete & accurate answer. I am working on your request now & I will respond as soon as possible.

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Customer reply replied 1 month ago
I understand. My marital home that I lived in 25 years is***** Bradenton, FL.He just recently turned in his financial affidavit for the court. He lied. He turned in 2 lists of properties. One with our marital home on it as a rental property. He has moved in tenants and is collecting rent. However, it is zoned single family, but he has it rented to 2 different people. It is now like a triplex and he lives in the upstairs we remodeled using my money too of course. The other list he turned it with our rental properties, he totally left off the marital home because it is his home address. In addition, he has put things in a trust fund and has it on the internet claiming he brings in about $100,000 a year. Yikes what a crook. I'm living on a tight budget, in debt and working full time. He is living large boating on Sarasota Bay- he doesn't list this or our mobile home or lots of other things as assets. I found a 20 page report on line after we were separated where the nasd took his license away because he cheated three people selling JetLease when he knew they were going bankrupt. He is experienced. I was innocent, and trusted him. He put on a great act to use me as his work horse and slave for 27 years of marriage. Nice huh.
Tax Professional: Stephen G., Sr Income Tax Expert replied 1 month ago

Well, there are only a couple of exceptions to Married Filing Separately in the situation you describe:

1. If you're legally separated – and not all states recognize this concept – you can file as a single taxpayer even if you're not divorced by December 31. In this case, the IRS accepts your decree of separation as sufficient proof that your marriage has ended. You need a decree or judgment to qualify for this loophole, however. A separation agreement isn't enough, and if you and your spouse have simply relocated to separate households, the IRS says you're still married and you can't file a single return.

2. The other option is "Head of Household" filing status but the catch is that you can't have lived together the last six months of the year, and some other rules apply as well. You must have paid more than half your household's expenses and you must have a dependent for whom you can claim an exemption.

Unfortunately, if you don't meet one of those options, then Married Filing Separately is you're only option. If your husband continues to delay, perhaps your attorney should file a motion for your status to be "Legally Separated" so that your tax status can change.

I'll take a look at your last transmission now.

Steve G.

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Customer reply replied 1 month ago
I have an eye exam and have to go. Need glasses. I'll check back in a couple hours. Thank you. I'm on a tight budget so will have to do this talk etc at a rate I can afford. thanks
Tax Professional: Stephen G., Sr Income Tax Expert replied 1 month ago

I understand completely; in my experience what you need to do is to get in front of a judge so that your attorney can have you testify in a concise and organized manner, highlighting his actions and their adverse affect on your financial position. These matters have not only resulted in a significant strain on your finances, but the delays, etc., are continuing to cause you to be subject to additional income taxes because of the adverse filing status you are required to use. Absent your husband changing his ways which appears unlikely, your only relief has to come from the Court.

Please remember to rate my response as that is the only way the SITE will credit me for assisting you today.

Thanks very much,

Steve G.

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Customer reply replied 1 month ago
Yeah I knew all this so once again hope deferred. I’ll cancel my trial.
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