Tax return?

Question

I was divorced earlier this year. My husband and I filed our 2005 tax return jointly so I filed an injury to spouse allocation form to recieve my portion of the tax return. ...so I thought (as did my CPA). When my refund never came, I called the IRS and they said that an injury to spouse form only prevents you from being responsible for any of your spouse's debt. They informed me that they could not split up the tax return and that they had sent the entire refund check to my ex's address. My ex, of course, said that I wouldn't see a penny of the money. My question is...do both parties have to sign the tax return check for it to be deposited? And if so...is it possible that he forged my name and what should I do if that is the case?

Answer 1

If it was a joint tax return, then both names are on the check. Do you have a copy of the tax return? If so, then you need to be sure that the refund wasnot direct deposited into his bank account. If it was, then you need to sue him for you share of the tax return.

However, if a check was sent, call the IRS and get a copy of the check. Also, ask the IRS what you need to do get a copy of the check to be used as eveidence in a lawsuit. You will need to sue him anyway for your share of the tax refund.

Assuming that he forged your signature (or knows who did), you need to file a police report against him for theft and forgery. It helps if you have a copy of the check in hand to be used as preliminary evidence.

Whatever happens, keep all original documents and at least one copy of the documents in case they get lost.

Also, keep tabs on all of your actual costs associated with this because you will want to have your ex reimburse you for your actual expenses.

It wouldn't hurt to speak to a lawyer as well.

Answer 2

Federal tax refunds must, by law, be deposited into a joint account. If there was still one in your joint names he could have deposited it without your signature quite legally (although he could not legally cash it - it must be a deposit). It follows that he could have withdrawn the money next banking day.

If he deposited it into an account that is not in your joint names, both he and the bank which accepted the deposit have some explaining to do. Have your CPA pursue this, especially if you did not have a joint account with him when the refund was issued.

Answer 3

IRS says "If the check is made payable to two parties, then both parties must endorse the check on the back. Even if the two parties are now divorced, both must sign the check. The law provides that each spouse is considered to receive half of any advance payment made because of a joint return."

Check to see whose name was on the check. If he forged your name, he can be prosecuted.

Answer 4

i'm managing CIS voucher tax claims a week - and that i say do no longer PANIC. you will locate which you will would desire to pay a nominal fee in tax, and this could be paid over the 365 days, yet what's extra probably, in the adventure that your accountant is worth his salt, you will no longer would desire to pay any taxes. Infact, you will probable locate which you're due a rebate. Your accoutant will evaluate any costs which you had interior the proper tax 365 days. those comprise here; all automobile costs telephone rates use of homestead holiday & subsitance charity donations heating lease & expenditures upkeep and renewals subscriptions public and criminal accountability insurances no longer forgeting any approaches which you have offered to your commerce, your computing device and your automobile, and any fixture and fittings. It shouldn't take your accountant too long to try this for you (he/she would desire to be turning it around in a week).

Answer 5

It depends on wht state your in and if your bank requirs for both signatures to deposit it. But, if he just cashed it to get the money, both of u had to sign it if both names were on the check. I think I would get ahold of the Social Security office and tell them and see wht they say can be done. Forgery is a Felony..

Answer 6

Yes, both signatures are required if the return was filed jointly. Banks are not supposed to accept "For Deposit Only" endorsements, but sometimes they do.