Tax Law (Questions About Taxes)/Tax woes

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QUESTION: My husband of 25 and 1/2 years walked out last may and filed for divorce the next day. The divorce is still not finalized due to him not wanting to part w half of his military retirement etc.. and now I find out that he has already filed taxes again this year.... Last yr I never saw/signed anything and found out months later that we got back over $7,000 fed and $2,00 state (never saw a penny). This yr he has filed and claimed our adult daughter, our granddaughter and possibly our son plus all the household deductions leaving me with nothing to claim as well as now I owe both federal and state.... (Oklahoma) is there anything I can do?

ANSWER: April,

Certainly, there is plenty you can do.

Among other things, you should notify the IRS that he has filed a false tax return by submitting it without your knowledge, consent, or signature.  My suggestion would be to employ either a CPA or tax attorney who works these types of cases.  Do not hire an individual who lacks experience in this area.

You can also go ahead and file a return in your name only. Even though the divorce is not final, you can file as single as the IRS considers you unmarried.  You won't be able to e-file, but you can submit a proper paper return.

I am not an attorney and cannot give legal advice outside the area of taxation, but it appears you may have several causes for civil action against him.

Hope this helps.

John Stancil, CPA

---------- FOLLOW-UP ----------

QUESTION: Thank-you for your assistance in this matter. So the tax he filed without my knowledge was last years- 2011, I can still file a "complaint"? This yr 2012 he filed (I don't know how) but he took ALL of the deductions (household and otherwise).... So now I owe both federal and state. I am assuming there is nothing I can do to change that and I am just going to have to pay?

Answer
Yes, if he filed without your knowledge or consent, he had committed fraud, regardless of when it occurred.

You could file a return claiming what you have a right to claim. Even though he claimed it, if he did not have the right to do so, you are still eligible to do so.  But but it could trigger an IRS investigation.

Hope this helps.

John Stancil, CPA

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John Stancil, CPA

Expertise

I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at www.mybaldcpa.com. I also offer seminars and consultations to churches and clergy on their tax issues at www.churchtaxsolutions.com Also visit my blog, www.thetaxdocspot.com. I am listed on Tax Connections at https://www.taxconnections.com/profile/John-Stancil/12258973 Prepare and file your own taxes at www.1040stancilcpa.com

Experience

I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

Organizations
FICPA, NATP, NCPE Fellowship, Lakeland Business Leaders

Publications
The CPA Journal, Florida CPA Today, Green Consumer, Green Business, Global Sustainability as a Business Imperative, Palmetto Review, NATP TaxPro Quarterly, Mustang Journal of Finance and Accounting.

Education/Credentials
DBA University of Memphis MBA University of Georgia BS in Accounting Mars Hill University

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