My ex-wife filed a 2007 1040 tax return.

[divfreeadvice]

What is the name of your state (only U.S. law)?

I am a resident of NY. My ex-wife filed a 2007 Federal Income Tax Return and filed as "Jointly", however we were Legally Separated at that time. She never received my consent to do this. She used my Social Security number and had to of forged my name. What are the penalties for her if I report it? The only reason she hasn't been caught is because I never filled out a 2007 return. I am just going to make her aware that she broke the law and here are the consequences. She's been very mean.

 

[Proserpina]

What is the name of your state (only U.S. law)?

I am a resident of NY. My ex-wife filed a 2007 Federal Income Tax Return and filed as "Jointly", however we were Legally Separated at that time. She never received my consent to do this. She used my Social Security number and had to of forged my name. What are the penalties for her if I report it? The only reason she hasn't been caught is because I never filled out a 2007 return. I am just going to make her aware that she broke the law and here are the consequences. She's been very mean.

That's where you might have the problem - you didn't submit a separate return. The IRS can (and will) accept a joint return signed by only one spouse in certain situations if the other spouse does not file a separate return for the same tax year.

Hopefully LdiJ (one of the resident tax gurus) will stop by and answer to clarify or correct.

ETA: did she actually forge your signature? (remembering that in some cases she would not actually need your signature)

 

[LdiJ]

That's where you might have the problem - you didn't submit a separate return. The IRS can (and will) accept a joint return signed by only one spouse in certain situations if the other spouse does not file a separate return for the same tax year.

Hopefully LdiJ (one of the resident tax gurus) will stop by and answer to clarify or correct.

ETA: did she actually forge your signature? (remembering that in some cases she would not actually need your signature)

Actually no, the IRS will NOT accept a joint return with only one signature. However, if someone files an electronic return they can get away with it unless its challenged by the other party.

OP, did you not file a return because you had no income? Or did you not file a return for another reason? How and when did you find out that she had filed a joint return?

The problem that you would be facing is the length of time you have waited to challenge the return. That poses a credibility issue.

 

[divfreeadvice]

Actually no, the IRS will NOT accept a joint return with only one signature. However, if someone files an electronic return they can get away with it unless its challenged by the other party.

OP, did you not file a return because you had no income? Or did you not file a return for another reason? How and when did you find out that she had filed a joint return?

The problem that you would be facing is the length of time you have waited to challenge the return. That poses a credibility issue.

At the time I didn't have an income. I was a stay at home dad, however I never worked so hard in my life. I re-built the home we were living in from the basement up. I mean I dug out the basement by hand and removed 40 tons of material and re-poured the slab, replaced every floor in that house to wood and ceramic, etc.. I raised the equity of that house tremendously, and then it was just given away.

I found out that she used my name and social security when I was forced into court, and saw the return she was submitting to the court. I called the accountant that prepared the return. She told me that it wasn't signed by either one of us when it left her office. So she had to forge my name, and my social security number was of course on the copy of the return that she presented to the court.

 

[hmbttw2012]

1 I called the accountant that< ? > prepared the return.

WHAT YOU OVERLOOKED IN THIS BRACKET

2 She told me that it wasn't signed by either one of us when it left her office. So she had to forge my name,,,

YOU SUGGESTED THE ACCOUNTANT GAVE YOUR EX SPOUSE BACK THE RETURE .YOUR EX SPOUSE THEN FORGED YOUR signature and your social security number ?

 

[mistoffolees]

At the time I didn't have an income. I was a stay at home dad, however I never worked so hard in my life. I re-built the home we were living in from the basement up. I mean I dug out the basement by hand and removed 40 tons of material and re-poured the slab, replaced every floor in that house to wood and ceramic, etc.. I raised the equity of that house tremendously, and then it was just given away.

Your work doesn't give you any special right to the equity any more than her paying the mortgage would give her a right to the equity.

You would each get 1/2 of the equity. If somehow she 'gave the house away', then you ask the court to have her reimburse you for half the equity. If, OTOH, there was no equity (since so many home valued dropped recently), then you wouldn't be entitled to anything.

I found out that she used my name and social security when I was forced into court, and saw the return she was submitting to the court. I called the accountant that prepared the return. She told me that it wasn't signed by either one of us when it left her office. So she had to forge my name, and my social security number was of course on the copy of the return that she presented to the court.

Did you point that out to the court? If it were me, I would have explained to the court that I never signed the return and she fraudulently obtained a refund - and then ask the court to give me 100% of it due to her fraud.

Unfortunately, there is little you can do after the fact - other than report her for criminal prosecution for fraud, but that's not likely to do you any good - and will likely hurt you in the long run.

 

[LdiJ]

At the time I didn't have an income. I was a stay at home dad, however I never worked so hard in my life. I re-built the home we were living in from the basement up. I mean I dug out the basement by hand and removed 40 tons of material and re-poured the slab, replaced every floor in that house to wood and ceramic, etc.. I raised the equity of that house tremendously, and then it was just given away.

I found out that she used my name and social security when I was forced into court, and saw the return she was submitting to the court. I called the accountant that prepared the return. She told me that it wasn't signed by either one of us when it left her office. So she had to forge my name, and my social security number was of course on the copy of the return that she presented to the court.

Ok...I am going to be a little more specific this time.

What DATE did you physically separate?
What DATE did you legally separate?
What DATE did you find out that she had filed the joint return?

And for the sake of other who posted here. It WAS NOT illegal for the accountant to prepare the joint tax return including his name and social security number. What was potentially illegal is if it was filed without his permission (electronically) or signature (via mail).

Please answer the questions.

 

[Proserpina]

Actually no, the IRS will NOT accept a joint return with only one signature. However, if someone files an electronic return they can get away with it unless its challenged by the other party.

Fair enough. Wanted to clarify.

Although the bolded is not quite accurate; there is one very notable exception - a widow may file a joint return with only one signature for the year in which the spouse died.

Knowing what sticklers we are for accuracy and all that

 

[divfreeadvice]

Ok...I am going to be a little more specific this time.

What DATE did you physically separate?
What DATE did you legally separate?
What DATE did you find out that she had filed the joint return?

And for the sake of other who posted here. It WAS NOT illegal for the accountant to prepare the joint tax return including his name and social security number. What was potentially illegal is if it was filed without his permission (electronically) or signature (via mail).

Please answer the questions.

Legally Separated Dec 2006, Divorced Feb 17th 2007. She filed jointly 1040 Jan 1 to Dec 31 2007. I noticed it about 3 months ago when I was first scheduled to go to court. It was in her financial statement. I had the proceedings delayed. I was thinking of filing my 2007 taxes and telling her I am going to do so. Let the IRS decide who's going to be punished. You are right the accountant did nothing wrong. Does anyone know how I can turn on my private message? I might like to use that option. Thanks for all your feedback.

 

[Ohiogal]

Legally Separated Dec 2006, Divorced Feb 17th 2007. She filed jointly 1040 Jan 1 to Dec 31 2007. I noticed it about 3 months ago when I was first scheduled to go to court. It was in her financial statement. I had the proceedings delayed. I was thinking of filing my 2007 taxes and telling her I am going to do so. Let the IRS decide who's going to be punished. You are right the accountant did nothing wrong. Does anyone know how I can turn on my private message? I might like to use that option. Thanks for all your feedback.

What did the LEGAL SEPARATION DECREE state regarding taxes?

 

[divfreeadvice]

What did the LEGAL SEPARATION DECREE state regarding taxes?

Regarding taxes, nothing.

 

[Ohiogal]

Regarding taxes, nothing.

Regarding income and spousal support and anything else? Did you have a COURT ORDERED LEGAL SEPARATION AGREEMENT?

 

[LdiJ]

Legally Separated Dec 2006, Divorced Feb 17th 2007. She filed jointly 1040 Jan 1 to Dec 31 2007. I noticed it about 3 months ago when I was first scheduled to go to court. It was in her financial statement. I had the proceedings delayed. I was thinking of filing my 2007 taxes and telling her I am going to do so. Let the IRS decide who's going to be punished. You are right the accountant did nothing wrong. Does anyone know how I can turn on my private message? I might like to use that option. Thanks for all your feedback.

I no longer buy your story at all. It would be miracle to separate in December and have a final divorce by February in any state. In NY, its literally impossible.

 

[divfreeadvice]

I no longer buy your story at all. It would be miracle to separate in December and have a final divorce by February in any state. In NY, its literally impossible.

Well to throw everything out that I said would be a mistake. Speaking of which, I did make a mistake on the year probably do to the fact that I was looking at the tax return, and thinking she probably did a state return also with my name. Why would I waste my time in here pretending, what purpose would this serve??
I went back and looked at the exact words from the divorce, and here is what it said:

 

[divfreeadvice]

Regarding income and spousal support and anything else? Did you have a COURT ORDERED LEGAL SEPARATION AGREEMENT?

What is a court ordered legal separation agreement? I went into her lawyers office and signed an agreement (which I thought was written up by her lawyer).