I left my abusive husband after two years... He since tried to file taxes and claim our son... and he was going to keep all of the return. I heard about it, and used my power of attorney to file taxes for the family. I asked him for his address to send his share of the tax returns to, but he refuses to give it to me, and says he's going to try to have me arrested for tax fraud.
I'm more than willing to give him more than half of the tax returns, but I want to keep my son's share, and the extra he gets for being married.
Since we're not divorced yet, and not legally seperated, and I have power of attorney, can he actually press charges? He's been saying tax fraud, identity theft, all sorts of things.
He won't give me an address to mail the money to at all!
2007-01-25 03:47:08 · 5 answers · asked by reikagoth 2 in Business & Finance ➔ Taxes ➔ United States
1st of all, don't listen to "Bostonian" - you can't file as HoH since you're still married. You have to file as married joint or married separate
Next, get a divorce to protect yourself. If he's threatening turning you in for tax fraud, you really need to protect yourself - get an attorney YESTERDAY. Based on your info, he's the one committing fraud if he used your PoA without your permission.
Don't be bullied! You sound like you are still listening and obeying his demands. you can't do that! Protect yourself and your son. Admit that you made a mistake when you married this creep and move on.
2007-01-25 04:25:02 · answer #1 · answered by Dizney 5 · 1⤊ 0⤋
File as HoH and claim any exemptions you are entitled to, assuming that you have custody of any children and did not live with him for the last 6 full months of 2006. If you lived with him at any time in the last 6 months of 2006, even for one single day, you'll have to file married, filing separately.
How did you get a P of A for taxes from your estranged husband? You should assume that that's rescinded; do NOT attempt to file a return in his name as that IS tax fraud.
If he does not cooperate in filing a joint return there's no way that you can force him to do so without a court order.
You really should consult with an attorney on this. There are some things in your question that just don't add up -- especially your claimed P of A.
2007-01-25 04:01:08 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 1⤋
Since your spouse can cancel any Power of Attorney he may have given you, I don't understand why he hasn't done that already. Also, how can you file a return with him if you have no knowledge of his income? With whom does the child live? The returns you have filed may indeed be inaccurate or fraudulent.
It is clear he doesn't want you filing a joint return with him. If you want to give money back to him based on your joint filing, it would be better, and solve your problem and his as well, if you amended the returns in question and deleted him from the return.
You may have to pay the IRS back the refund that was the difference you received by filing a joint return and not filing a joint return. You stated you were willing to pay him this amount as well, so you can just pay the IRS, and then your spouse can file his own returns.
If you are able to file as Head of Household, the impact may be little or none to you.
2007-01-25 04:16:47 · answer #3 · answered by ninasgramma 7 · 0⤊ 1⤋
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2016-12-03 01:01:27 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Since you are still legally married, you can only file Married Filing Jointly or Married Filing Separately. If you file MFJ, you both need to sign the return and agree to do it that way.
If you file MFS, there aren't nearly as many benefits and the return most likely won't be as high.
The only "fraud" I can see is if he got the POA cancelled and didn't agree to sign the return.
2007-01-25 03:59:40 · answer #5 · answered by bettabass 3 · 0⤊ 0⤋