What happens on an error with a previous year's return if you file this year and are expecting a refund?

Question

Specifics: boyfriend filed 2006 return using a tax preparer who I don't know (obviously, since I prepare taxes, I could hit him with a brick) and was notified after calling to find out where his check was that he wouldn't get one due to a mistake on the 2003 return, prepared by a reputable tax prep company before I met him. He received no letter, no call, etc., but has moved between then & now. Is it possible that the letter went to his ex-wife who concealed the notification from him, if mail was forwarded to her? And if so, since at that point they would have been MFJ, can she be held liable for any of this at this point, and how does he find out what happened? All the IRS would tell him over the 800 line is that there was a mistake. His previous (reputable) tax preparer knows nothing of this as well. We're stumped, and is there any way to subpoena or demand ex-wife's returns since the divorce? We do currently have an attorney on retainer.

Answer 1

The ex wife's returns subsequent to the divorce have nothing to do with his liability from prior years. It's not likely that a judge would order the release of them to you. He can ask for a copy of any return that he filed jointly with her.

Any tax liability from when the were married is their joint problem if a joint return was filed. The IRS will flag both of their SSNs and grab any refunds due to either or both of them until the debt is cleared.

I'm a little suspicious of the claim that the IRS would not discuss the facts of his case with him. That is not normal procedure. Somebody isn't being candid...

Since he has an attorney on retainer (You don't, you're not a party to the issue) he should be consulting with his attorney.

Answer 2

Since he filed a joint return, he's responsible for it along with the woman he filed joint with.

Since he's responsible, he has every right to get all the details directly from the IRS. Next time you call and some clown gives you some vague answer, move up the chain of command. They're obligated to tell you.

(An easy way to do it might be to ask for copies of the 2003 return and copies of all correspondence. You could also tell them that you are officially disputing the alleged error. Do so before April 15, though. That's the deadline for YOU to amend that tax year. I don't know if it will do you any good, but what I'm hoping is that your notification of the dispute will at least freeze the clock while they process your "complaint".)

Right now, they can investigate the current tax year (2006) and the three previous to that (2005, 2004, 2003).

Having said all of that, there is no statute of limitation on hitting your boyfriend with a brick for going outside the family for stuff like this.