Tax Return Forgery and Filing of Incomplete Taxes
Posted 09 December 2012 - 10:49 PM
Posted 10 December 2012 - 12:31 AM
My ex husband and I were divorced on 12-20-2010. My divorce decree stated that taxes for year 2010 were to be filed jointly.
If by this you mean the divorce was final on 12/20/2010, then the decree was flawed from the outset. In order to be able to file a joint federal income tax return for 2010, you must have been married on 12/31/2010. If the divorce was final before then, you could not file a joint federal income tax return and a state court decree cannot trump federal law. Thus, that provision of the decree would be invalid from the outset. You and your ex-husband would have instead had to file as either single or head-of-household. A joint return was simply not a possibility. It appears that no one has yet focused on that fact, but it's important. As the court decree likely didn't specify how the single tax liabilities were to be paid (for example, it likely doesn't say your ex had to pay X% of your tax or something along those lines), it may be hard to figure out what, if anything your husband owes you here. The court might have done something differently had it realized that it simply wasn't possible to do the joint return when the decree is made final before the end of the year.
If you've not discussed this aspect of it with a family law attorney, that may be a good place to start. Not having read the exact language in the decree, I cannot say what the outcome might be here. Just from what you've said here, I don't think there's anything a tax attorney can do for you here. If the IRS is coming after you to collect from the improperly filed joint return, that's something the tax lawyer could assist you with. But to the extent you want to go after your husband for what you paid out for this, that's a domestic relations matter. A lot depends on what the court decree says about the tax issue. If the decree only says that the joint return was to be filed and that provision is void because of federal law, your ex-husband might not be liable to you for any of your additional tax, penalties, or interest.
Posted 10 December 2012 - 10:29 PM
Posted 10 December 2012 - 10:36 PM
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