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Tax Return Forgery and Filing of Incomplete Taxes


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#1 TLH1690

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Posted 09 December 2012 - 10:49 PM

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. My ex and his accounting firm prepared and submitted all tax documentation without my signature, knowledge, approval and my own tax documents in October 2011 (as they were in extension). I had moved out of state in January of 2011 but told his accounting firm when they needed my tax documentation, to let me know and I would send it. They never called. I know that the accounting firm who prepared this joint tax return knew I was divorced as they helped write the divorce decree with my ex-husbands attorney. I went to see a family law attorney for help with this issue in January of 2012, and he said it was not "contempt in NE, but fraud of a criminal nature" and there was nothing he could do. I have notified the IRS of the forgery and filed an amended tax return in July of 2012 in my name only. My question is this: Since I had to file an amended, I also had to pay taxes that should have been paid by the ex and were not. I have since received documents from some states that say I owe MORE taxes then I already paid in the amended with interest compounding daily. I have no idea how to get back the money from the ex that I had to pay in the amended tax returns. Seems some fancy accounting was taking place and the amount I had/have to pay is the same amount the ex received in a refund. I know going forward I will have to pay penalties and interest on MY income that did not get submitted in the 2010 tax return. I know that the accounting firm knew I was divorced when they filed what I call "false taxes". Can I sue them? What are my options? If it is not contempt, what is it? How do I get all my money back, including the money I had to pay to an accountant to help with me the amended return? What kind of an attorney do I need, if a family law attorney cannot help? I have called tax attorneys as well, and they tell me it has to be handled through a family law attorney. Any help would be much appreciated.

#2 Tax_Counsel

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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.

#3 TLH1690

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Posted 10 December 2012 - 10:29 PM

OK-i get what you are saying----The decree was written up by the ex's attorney and his accountants-I had no representation, as I was asked to go to the accountants and tell THEM who my attorney was----my bad- i fired my representation due to the ex "hammering me to do so"...my bad!!!! So, i get a feeling the decree was "fraudulent" from the start, but no attorney will hear my case, guess cuz I am not willing or do not have $10,000.00 deposit.....My ex and his accounting firm and his lawyer----set this up from the start---my own investigation has found "tax evasion and fraud" that my ex has done in my name".....so, the family law attorney I hired said...."cant help and got rid of a tax attorney willing to hear my case".....why? You tell me.... I know that the divorcee decree states"...2010 taxes to be filed jointly, as they were,......BUT without my tax documents and my approval, (i got the forged signatures from the accountants, on my own, as my attorney WOULD NOT HELP ME GET THEM!!!! The ex said, "If he committed fraud, then I will go down too, cuz my name on the taxes, my lawyer doesnt know why you would do this, cuz u liable". I am like......Am not going down with the IRS and States, because of U....I found where he has committed tax evasion, though, not proven, as my lawyer, (who I believe was paid off to say, but no proof)! Bottom line.....I know tax evasion happened,.....am waiting for IRS to discover it themselves.....I was SET UP!! I know I believed the ex had me FIRE my representation for a reason......my fault....BUT.... I had no part of the fraud he and his firm committed....so....family law attorney says "not contempt". I find a tax attorney will to take my case, and the family law attorney "get rid of him". Long story short.....I was stupid,.....I fired my representation because of the ex....he set me up.......HIS accounting firm filed a false tax return.....SO.....what kind of attorney do I find, to help me!? I was never a part of the IRS fraud....I would not have filed a false tax return....MY new accountant found fraud-----I filed an amended.....I OWE taxes on a illegal refund to the EX.....HELP! What kind of a ATTORNEY to help me!

#4 TLH1690

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Posted 10 December 2012 - 10:36 PM

ANd my decree does say....."husband to get all refund, and to pay ALL taxes for 2010., and was approved by the judge! (FYI-I did not go to final hearing_was tricked out of doing so,....also TRICKED out of child support and other things-my bad-I GET IT-MY FAULT, I signed without any documentation, or representation.....i admit it....but, how can he and his accounting firm FORGE signatures, file FALSE taxes, have me PAY, and he....get away with it!

#5 Guest_FindLaw_Amir_*

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Posted 11 December 2012 - 12:46 PM

I agree with the previous poster, consulting with a local Family Law Lawyer may be a good place to start.




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