I filed 4 years worth of taxes with joint returns while we were married. we are now divorced and the overall tax liabilty is about 120K. Our divorce decree stipulates that i accept all tax liabilities for the years we were married. I have no problem with that but the irs is saying because she signed them she is still responsible. she said she is going to tell the irs she didnt sign them. Can i go to jail for that??
2007-05-31 07:53:26 · 15 answers · asked by BELLRINGER 1 in Business & Finance ➔ Taxes ➔ United States
Actually... here's the way it works. If she knew you were preparing the returns, gave you full consent to do so, had her own income that would have required her to file a return herself, it actually doesn't matter whether or not she signed them. It's inferred that she gave you the power to do so. (Prskalo, Lorraine v. U.S., (1989, DC IL) 71A AFTR 2d 93-4891 , 90-1 USTC)
However, if she had no income, wasn't required to file a return herself and so therefore didn't know you were filing them, and if there were already marital problems, THEN it's not inferred that she would have given you the authorization to sign for her as stated in Burke, John, (1995) TC Memo 1995-608 , RIA TC Memo ¶95608 , 70 CCH TCM 1630. However, given the spousal situation, you probably wouldn't get sent to jail over signing her signature.
As for the divorce decree...if the income on the return pertaining to the YEAR of your divorce is strictly from YOUR income, that means ALL of it, then the decree should stick. However, if it also includes income of hers, the tax liability can't be transferred to you by something that seems to be "equitable" during a divorce, whether it's on the decree or not. Sorry. If it specifically states that it's only "community" income plus your individual income that you are assuming liability for, then that's okay. But she can't skirt the responsibility for taxes on her income. (Abrams, Maria, (1989) TC Memo 1989-462 , PH TCM ¶89462 , 57 CCH TCM 1433 )
Concerning the earlier years, depending on the surrounding circumstances she might be able to file under Innocent Spouse Rules... there are about 3 different elections, all with different requirements. They're lengthy, but she might qualify under one. I'll tell you now though, this case could go on for a while.
If you argue your case hard enough, there's a chance you'll get off with a slap on the hand, or a small fine. What you might want to do is look into hiring a tax accountant, one who specializes in IRS controversy. My own firm handles cases like yours all the time, as a matter of fact it's all we do, so I know if you get a good one, they'll be able to help you. They'll represent you before the IRS, and handle most of the discussions with them. Explain to them you're not trying to "stick it" to your ex, but come to an agreement with the IRS as stated in your divorce agreement, so that both of you are happy.
I hope this helps and good luck with your case!
2007-05-31 09:28:51 · answer #1 · answered by starlight_chic06 3 · 1⤊ 1⤋
You cannot deposit a "joint tax return". You probably mean tax refund. If you filed a jont tax return and got a tax refund you can deposit it into your joint bank account even without his signature. Depending on how your joint account was set up, your may need or not need your spouse signature to withdraw money from the account. Must both of you sign to make withdrawal from the account? If not, then you do not have any problem at all.
2016-05-17 22:23:31 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Uh, you could, but probably won't. It was fraudulent for you to sign her name to the returns. And as far as the IRS is concerned, you are both liable - the divorce decree is a separate agreement between you and your ex-wife.
If you have the money to pay off the $120K, I'd do it quickly before things get any worse.
2007-05-31 07:57:10 · answer #3 · answered by Judy 7 · 2⤊ 1⤋
Signing Tax Return For Spouse
2017-02-28 12:45:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The divorce decree is not binding on the IRS. If they collect from her, she can sue you for that amount and will win because of the divorce decree.
IF you signed her name to the returns, that is fraud and you could go to jail.
If she signed the returns and lied, she is guilty of fraud and could go to jail.
A handwriting expert can probably determine who actually signed.
2007-05-31 13:26:12 · answer #5 · answered by STEVEN F 7 · 0⤊ 1⤋
1. If you forged her signature, that's a federal offense punishable by up to 10 years in the federal penitentiary plus a huge fine.
2. If she truly signed and then tries to claim she didn't, that's fraud and a state offense punishable by up to 6 years in state prison plus a large fine. And the IRS will audit her for years to come!
3. The portion of your divorce decree that states you accept all tax liabilities for the years you were married is non-binding. The IRS is correct in saying she is still responsible. You both had incompetent lawyers!
2007-05-31 07:56:44 · answer #6 · answered by kja63 7 · 0⤊ 4⤋
If you did in fact sign the returns, you damn sure could go to jail! For forgery in your case.
However, if she DID sign them and the IRS can prove that -- it's not that hard most of the time -- then SHE could go to jail. For perjury in her case.
If she did sign the returns, the IRS is correct that they can go after both of you, divorce decree notwithstanding. However, your ex can use the divorce decree to sue you for anything taken from her by the IRS
2007-05-31 10:51:03 · answer #7 · answered by Bostonian In MO 7 · 1⤊ 3⤋
Since you are willing to pay the money, just pay it, and the IRS will go away. End of story.
2007-05-31 14:16:21 · answer #8 · answered by r_kav 4 · 0⤊ 1⤋
Yes, if she actually didn't sign them, it's tax fraud and they have a process for "innocent spouse" cases where one spouse did things the other didn't know about.
2007-05-31 08:01:41 · answer #9 · answered by ? 7 · 0⤊ 1⤋
Forgery is a crime, depends on the case they build against you, but you can go to jail.
2007-05-31 07:56:55 · answer #10 · answered by melissaw77 5 · 0⤊ 1⤋