QUESTION
What should I do if my husband filed my tax return without my consent and fraudulently?
Asked on Mar 14th, 2014 on Taxation - Oregon
More details to this question:
I wanted to file our tax returns separately this year because I wanted to file my own, but my spouse went ahead and filed both of ours (separately) and he completely fabricated a $20,000 business loss (I don't have a business). What is the proper course of action? I would try to amend it but I don't have the money to pay back the tax refund he received from it. I also am concerned about them auditing previous years' returns (which he filed jointly for the two of us) if I amend it.
4 ANSWERS
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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You should go into a local IRS office. Ask the return to be voided and file your own return.
Answered on Mar 17th, 2014 at 2:30 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If I understand your question, your husband filed a fraudulent "married filing separately" return for you without your approval. ?This goes beyond the usual tax shenanigans of padding deductions or "forgetting" some income, your husband committed felony tax fraud. ?Whenever you're dealing with a felony, you need to hire an attorney - it might be expensive but the penalties for tax crimes include prison and major fines. ?Even though you didn't sign the return, the IRS could still treat you as part of the crime, if you knew about it or if you spent the money obtained through the illegal refund. ?Another aspect of this is: how will your husband respond, if he finds out that you reported his crime to the authorities. ?If you're living in the same household, this could be .... uncomfortable.
Answered on Mar 17th, 2014 at 4:32 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest that you speak with an attorney and make all preparations you can be able to claim that you were an innocent spouse. If you have signed the tax returns and they were known to you to be fraudulent at the time you are as guilty as he.
Answered on Mar 14th, 2014 at 1:13 PM
You have a serious legal problem. I strongly recommend you see an attorney immediately. This is a federal crime. You can be seen as an accomplice. Note: getting your husband prosecuted may also adversely affect you strongly. You need some professional help.
Answered on Mar 14th, 2014 at 1:12 PM