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  #1  
Old 11-12-2007, 07:21 PM
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Join Date: Nov 2007
Posts: 3

Income Tax Check in a Joint Banking account


[Nevada]

Earlier this year, I was involved with a lady and we had a joint bank account. We were going through a messy breakup and she moved away. During that time, I received her income tax check. When we parted we made a financial agreement. At the time she refused to sign the contract I had written up to seal the agreement. She told me to just sign the income tax check and deposit it in our joint account and take that. So I did. Now six months later she is telling the IRS that I fraudulently signed the check and deposited it in our joint account, which she later signed me off of without letting me know. I have email transcripts where she told me to take the money, then more where she reneged the agreement after I did what she told me to do. I haven't received any correspondence from the IRS but she told me that they are issuing another check. She emailed me later saying she only did this so that I would go to prison on felony charges. I have that email too. I need to know if I am going to get in serious trouble for making such a stupid mistake in trusting her. If so, what can I do?
  #2  
Old 11-14-2007, 08:47 PM
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Join Date: Jan 2005
Posts: 2,336
This has got to be one of the dumbest things I've seen lately.

I doubt that anyone here can give you a direct answer to your question. Why? Because I doubt anyone has actually seen this situation before. 99.999% of all legal questions are decided on precedent.

Just thinking logically. She has told the IRS that the check was cashed fraudulently. So, they will reissue the check to her.

Seems at minimum the IRS is going to require you to pay them back the money. At maximum, they will turn the matter over to the FBI, postal inspectors and US Attorney -- who may decide to pursue a criminal prosecution for fraud -- especially so if she signs a fraud affidavit.

If I were you, I would go down to the US Attorney's office and come clean with the whole mess. They will probably refer you to some Treasury Agent. Expect to be the subject of hilarity and head-shaking.

Your deal with your ex will have to be pursued in civil court. I can't imagine the IRS will care about a couple of emails and a purported verbal agreement.
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