My husband and I seperated in Aug of last year and we now live in different states, he is on the west coast, I am on the east. I was caring for my sick mother and didn't work for the year of '06, but we were married 8 years and we always filed our taxes as married. Well he filed our taxes in 2007 as normal, but I never signed them b/c he never mailed them to me, like he said he would in an e mail he sent to me earler in the year. I didn't even start thinking about it until recently, and I think I am entitled to part of the tax refund. And I think he forged my signature on them or had someone do it for him.What can I do? I called him and he said he didnt forge my sig, but he did file, and he hasnt got a refund yet. IDK, this sounds weird to me. I think he is lying and pocketed all the refund b/c he is mad I left him. Is there anything I can/should do, or just forget it? Thanks
2007-09-28 06:57:55 · 12 answers · asked by Pam C 1 in Business & Finance ➔ Taxes ➔ United States
Why would you forget it? If he's filed a joint return and you have not signed it then he's committed tax fraud and would be in trouble with the IRS. I would contact them and explain your situation to them, they should be able to tell you if a joint return with your social security number had already been filed or not.
2007-09-28 07:34:56 · answer #1 · answered by Anonymous · 1⤊ 1⤋
From your statement I take it that you did not have any income. It is possible that he filed Married Filing Separately which would not have required your signature. On the other hand he could have filed jointly by signing the return for both of you. That is not legal nor should he have done so. But your question seems to be what you should do about it.
If he has filed MFJ he likely got a larger refund than MFS. It is very unlikely that he had not yet received a refund. The only circumstances that would cause this would have to do with some sort of questionable return. The IRS would have no way of knowing about the signature issue unless you contact them.
The best and most effective thing for you to do is have your divorce attorney deal with this as part of a settlement agreement. If you have not yet filed for a divorce now would be a good time to contact an attorney about that issue.
2007-09-28 07:18:56 · answer #2 · answered by ? 6 · 0⤊ 0⤋
I know someone this happened to. The IRS really didn't want to get involved when it was a husband and wife.
You can get a copy of the tax return if your name is on it, and then you will know for sure. See 2nd paragraph to get a free transcript (or just call them & ask if a return was filed for your social security #):
http://www.irs.gov/taxtopics/tc156.html
If he did file & you want to do something about it, then get a certified copy of your tax return (link to form at url above) that can be used in court. If you take it to an attorney they will definitely be able to do something about it (I know this to be true because a friend is getting divorced & was worried about the same thing--her lawyer said "he better not file without your permission"). You could try a local free or online legal service to see if you could take action without an attorney. This should be identify theft if he electronically filed/signed it OR physically signed it).
2007-09-28 11:47:30 · answer #3 · answered by Dee 4 · 2⤊ 0⤋
If you are in the process of divorcing him (or planning it) checking with a divorce attorney who has experience with tax issues would be my first choice. If divorce isn't in-process (or in your plans), a tax attorney is probably your best bet.
Getting decent advice will probably cost some money, though; so if funds are scarce for you, try to estimate how much you stand to recover by pressing the case. If that's less than the cost of legal advice, forget about it. If it's not significantly more than the advice costs, consider whether it means more to you than the big headache it's likely to be.
I hope you saved the email. You'll want all the documentation you can get if you press a case against him (or in case the IRS flags that return for fraud, etc).
2007-09-28 07:18:20 · answer #4 · answered by mike 3 · 0⤊ 1⤋
I agree that he might have filed electronicly and not needed your signature.
It depends what your divorce decree said about how to handle the taxes. Double check that, then call your attorney and let him know that your ex is in Contempt of Court for not supplying copies of the taxes if your divorce decree states such.
If you did the divorce without an attorney, you may want to consult an attorney or call the court and see what the proceedure is there
2007-09-28 07:17:53 · answer #5 · answered by freshair 3 · 0⤊ 1⤋
He didn't forge your signature, he just filed online with a software package, no signature needed.
If you have divorced him, unless you have a property settlement dealing with the tax refund, I don't think there is anything to do but forget it.
If you haven't divorced him, put the refund into the property settlement so you get some of it.
2007-09-28 07:16:32 · answer #6 · answered by ninasgramma 7 · 1⤊ 2⤋
You should contact the attorney that handled the divorce. If he is hiding joint marital assets, you may be entitled to a portion of them. If this turns into a fight with him, turn him into the IRS. I believe they have a tip line for tax fraud.
2007-09-28 07:03:45 · answer #7 · answered by Homeslice 4 · 0⤊ 0⤋
Just for your information- you do not need to physically sign a tax return, if you file electronically and know the prior year information. It is called an "electronic signature" no need for a pen or the need to forge a signature.
2007-09-28 07:07:07 · answer #8 · answered by David D 1 · 1⤊ 2⤋
Just forget if the 8 year relationship means something to you
2007-09-28 07:06:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
send a copy of your signature and a letter and let them handle
the tax people handle it.
2007-09-28 07:10:14 · answer #10 · answered by Anonymous · 0⤊ 0⤋