Tax Law (Questions About Taxes)/Amend prior tax year


In 2010 I was married and our filing status was Married Filing Jointly. In Feb 2014 I received a notice from IRS stating an audit of the 2010 tax year. I was finally able to get in touch with my ex spouse to ask him to pull out our 2010 tax file so we can get the documents they requested for the audit. He said he didn't have them.

When my husband and I divorced, I chose to leave the house with nothing but my personal belongings. In 2013 he moved from the house we lived in together into another house. During that move, he threw away things he didn't want or felt he no longer needed. In those items he threw out were our joint tax filings.

My question is....can I amend my 2010 taxes and change my filing status to Married Filing Separately? If I can, does my ex spouse also have to change his if I change mine?

I feel since we are no longer married and have no documents to support our filing, we should file that year (2010) as individuals.

Please help.

Thank you in advance

no you can not amend to change from joint to separate

but that is not necessarily a bad thing.  you are both jointly and severally liable for any tax changes (that means the irs can take all the money from EITHER of you REGARDLESS of any divorce decrees.

but they (IRS) only have a month to finalize the audit (assuming you filed on time in spring of 2011.

do you know when the return was filed?

also, what are you worried about? what was on the return? were either of you self employed? involved with drugs, gambling, other illicit activity?  

or are they just jobs?  

what about kids and other house expenses...  

what else is buried in the closet?

what state are you in? what about him?

what does the divorce decree say about tax audits or adjustments?  

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