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Were divorced in May. He had to pay a lot in taxes filing single, so let him file joint to give him a break. I never signed the return, even though he still had to pay in but, less. Is that illegal, if he forged my name

2007-08-08 12:50:58 · 10 answers · asked by Kathy G 1 in Business & Finance Taxes Other - Taxes

10 answers

Yes, it is illegal, and also filing as joint as well, since you were divorced in May. Your filing status is determined by your marital status at year end. What he has done is commit tax fraud, and you are a party to it by letting him do it, even though you knew he was doing it.

2007-08-08 14:33:49 · answer #1 · answered by Anonymous · 1 0

Which May were you divorced? 2006 or 2007? If it was 2007 the only issue is your forged signature. If you are content to let that be, I doubt if either of you has a problem in practice.

However, if you were divorced in May 2006 he, and perhaps you, has problems. Filing status is determined as at December 31st. So you can get married on that day and be treated as married all year. The flip side is that when you get divorced you are treated as single all year.

So at least one of you is risking a prison sentence. If you handed your tax information (W-2's and the like) in the knowledge that he was going to prepare a false return (and if the prosecution can prove it) you may go to prison for tax fraud. If the return gets pulled by the IRS, he will certainly be in trouble. At worst (very worst, I must say) it is 20 years in federal prison (no parole) and a $250,000 fine. In reality, he (and maybe you) might be looking at anything up to five years and fines in the thousands.

Frankly, what's done is done. If my scenario is correct (ie you were divorced in 2006) there is not a lot you can do without saying "slap on the silver bracelets." However, you can do something for the future. Please do not ever do this again, no matter how much you want to help someone. Tax fraud is a very serious matter. It isn't worth the time and the fine.

2007-08-08 13:08:41 · answer #2 · answered by skip 6 · 1 0

True the IRS is not divorce court. But they aren't going to get involved here - if the check was reported lost or destroyed, they'd issue another one eventually - but the replacement would still be in both names, so it wouldn't help you any. You can't amend your return to single if you were married as of 12/31/2010, and it's too late to amend to married filing separately from a joint return, that would have had to be done by 4/15/11. You can hope, and argue, all you want, but yesterday's answers don't change. The responder who says that by law she is entitled to half is wrong, though. And what's the bit about deducting child support? That's not deductible, so if you did, you have another problem. Your only options are to either convince her to sign the check, which will likely involve some sort of split of the money, or to get a judge to rule she has to which isn't real likely to happen unless you give up something else in a divorce settlement. You reaped the benefits of a joint filing, and don't get to now say "yes, I did, but I also should get all the advantages of the joint filing" - the law doesn't work that way. Not what you want to hear I know, but that's how it is.

2016-05-17 09:39:26 · answer #3 · answered by ? 3 · 0 0

Yes, it is absolutely illegal! You are now liable if he did anything nefarious on the return. However if he e-filed the return it may be impossible for anyone to prove that it was done improperly.

Assuming that you divorced in May of 2007, you could still have filed a joint return for 2006 as you were still married on Dec 31, 2006. On the other hand, if you divorced in May of 2006, you've filed a fraudulent return and that can get very messy indeed.

You should get a copy of the return and review it carefully to make sure that it was properly filed. If it wasn't, you should demand that he amend the return and correct it.

2007-08-08 17:09:57 · answer #4 · answered by Bostonian In MO 7 · 1 0

Very illegal. Forging tax documents is a federal ofense - depending on how a judge would view it, beteen 5-10 years in jail and up to $100,000 fine.

2007-08-08 12:55:33 · answer #5 · answered by rlloydevans 4 · 1 0

Its illegal to forge one's signature. Filing false claims can land one in jaill

2007-08-08 12:55:03 · answer #6 · answered by SGElite 7 · 2 0

It states at the bottom of the tax form that it is illegal.

2007-08-08 13:01:26 · answer #7 · answered by Eddie B 2 · 0 0

just by your question having the word "FORGE" in it, I would say it is illegal.

2007-08-08 12:58:34 · answer #8 · answered by Joyful97 5 · 0 0

Yes, that is illegal.

2007-08-08 12:54:51 · answer #9 · answered by zento1110 4 · 1 0

yes

2007-08-08 14:21:57 · answer #10 · answered by Donald C 3 · 0 0

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