My uncle found out today that his wife (who moved out last July) took their joint state tax return check out of his mailbox and cashed it... She would have had to forge his signature... Right? He's been waiting for 2 months for it and just found out today that she cashed it already without him knowing... And she's filing for divorce... What can he do about it and what is the offence? Is that tax fraud? Sorry about all the questions Im just trying to get as much info as I can for him... Thanks!
2007-06-25 17:11:43 · 8 answers · asked by ? 2 in Business & Finance ➔ Taxes ➔ United States
Do not assume she forged his signature. If they have a joint bank account she may have been able to negotiate the check at that bank.
Since the check had her name on it as well, I don't think there is much he can do about the fact that she took the money and didn't share it with him. Was he planning on sharing it with her?
Married people who have this concern can file separate returns and get separate refunds.
2007-06-25 22:19:26 · answer #1 · answered by ninasgramma 7 · 0⤊ 0⤋
If a joint return was filed, the refund belongs to both parties both jointly and individually.
I deposited several tax refund checks without my wife's signature while we were married and it was never questioned by the bank or bounced by the IRS or state tax authorities. Of course, she never filed a complaint of any type but by not forging her signature I avoided any possibility of legal problems relative to forgery.
His best bet would be to file a police report and see where it goes from there.
2007-06-25 22:06:06 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
If you have to make a statement like this "She would have had to forge his signature... Right?" Then you don't know if she forged his signature on the return check.
Then you said it's "their joint state tax return check", meaning they filed together as "married filing jointly". It's her return check also and they are still married, so she can cash it without his signature.
For your information, when you forge someone's name, it's forgery. And forgery is considered a felony.
2007-06-25 17:53:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Not sure to be honest...more of a legal question than a tax question. I'm not sure if forging a signature is a crime if the person whose signature was forged was married to the person who did the forging.
They are not yet divorced so I'm not sure if there is any legal recourse to be had until divorce proceedings.
2007-06-25 17:17:48 · answer #4 · answered by MinocStriker 2 · 0⤊ 0⤋
That's fraud, and forgery. Both are crimes. A quick and dirty way to get back is to file a separate return. You'll have to mail it in and the IRS will be in touch with you about the duplicate return. That's when you play dumb about the joint return. "I didn't file a joint return! And I never authorized anyone to file on my behalf!" Your spouse will have hell to pay at that point. Given the way that this will hit the fan, I'm assuming that we're talking about a soon-to-be ex-spouse.
2016-05-20 22:14:20 · answer #5 · answered by ? 3 · 0⤊ 0⤋
Not tax fraud - but it is forgery. He should make a police report.
2007-06-25 17:26:25 · answer #6 · answered by Judy 7 · 0⤊ 1⤋
he should file a police report- they will tell him what it is. It's not tax fraud, but it is forgery and possibly a few other things.
2007-06-25 17:18:19 · answer #7 · answered by Muaranah 3 · 1⤊ 1⤋
Government,YIKES!!! She will be apprehended and charged if found guilty of these circumstances. Married,divorced,the government does not care,neither will the apprehending officers in cases such as these.
2007-06-25 18:13:11 · answer #8 · answered by Friendly 2 · 0⤊ 1⤋