| |
You are here: Experts > Business > Corporate Law > Tax Law (Questions About Taxes) > illinois injured spouse form 8379
Expert: Glenn D Schnabel
Date: 10/9/2008
Subject: illinois injured spouse form 8379
Question
I am currently separated from my spouse. When He filed our taxes for 2007 we filed married filing jointly. He had a previous debt for child support. They have taken our stimulus and tax refund for 2007. I was told to fill out an injured spouse form, to receive my half of the stimulus payment. I submitted it to the IRS in late August and my husband and I have since separated. On line 4 of the form it asks to check the box if the address on the joint return is different form the above. I checked this box yes. He has since moved back to the address we previously lived at, which was the address on the initial return. I have been informed that it is possible that MY check which is to be mailed out October 17th will or could go to his address. I was then told that the only reason the IRS told me this was because that is the address on the tax account. Can you help me? The entire point of this form is to send me what is rightfully mine. So why then if his half went to his debt, is his name even on my check, and being sent to the wrong address?
Thank You for your help
Answer
Randi,
Thank you for your question.
1)I was then told that the only reason the IRS told me this was because that is the address on the tax account. Can you help me?
The IRS form 8379 takes approx 14 weeks to process.
Since the IRS claims that the check will be mailed out by the 17th of October, the IRS form 8379 may not be processed in time for the payment to be sent out.
The IRS form 8379 usually is filed around the time the original tax return should have been filed. It usually follows before the refund is issued.
I would suggest since the IRS has already told you that the payment is already scheduled to be sent out by the 17th of October, that you get off a letter to IRS attaching a copy of the original signed form 8379 , mark on the top of the form that this is a copy of the original filing of this form. In the letter you should explain when you filed the IRS form 8379 and state that you have requested your share of the stimulus payment to be sent to the address which is indicated on the form and not the address on the original filing of the 1040. You should keep a copy of this letter.
You should also contact the Taxpayer Advocate's office in your area
and see what they can do to expedite your request. Then you can fax them what you sent to the IRS. Let them know what the IRS told you and see if they can correct this for you.
Hopefully, they can see why the tax file has your original address and make the necessary changes so your IRS form 8370 is filed.
I hope I have been helpful
Add to this Answer
Ask a Question
|
|
