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  #1  
Old 07-08-2005, 01:05 PM
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Join Date: Jul 2005
Posts: 7

Taxes co-mingling


What is the name of your state?What is the name of your state?VA
After our separation my wife asked if we she could have our taxes done jointly, I questioned her inheirtance (her parents had recently passed) she assured me there would be no captial gains (or any added cost to me). When prepared I signed them without looking over the taxes. When I asked for a copy of the taxes later she was resisted and was slow giving them to me. As I had suppected there was 15000 in capital gains, she gave me half of the return check(minus half of the CPA fee) I feel that I have paid half of her capital gains, and I was told that captial gain taxes are 15% thats about $1000 and now she and her lawer have had the taxes redone (not refiled just redone , cooked I'm sure) and want to give me only $300,First how can I get the taxes I've paid (small claims court ?) or is paying taxes on her captial gains considered co mingling. (I never recived any of 'her' money)
Thanks Daniel Cross
  #2  
Old 07-08-2005, 05:56 PM
Senior Member
 
Join Date: May 2004
Posts: 41,413
Quote:
Originally Posted by INASNAP
What is the name of your state?What is the name of your state?VA
After our separation my wife asked if we she could have our taxes done jointly, I questioned her inheirtance (her parents had recently passed) she assured me there would be no captial gains (or any added cost to me). When prepared I signed them without looking over the taxes. When I asked for a copy of the taxes later she was resisted and was slow giving them to me. As I had suppected there was 15000 in capital gains, she gave me half of the return check(minus half of the CPA fee) I feel that I have paid half of her capital gains, and I was told that captial gain taxes are 15% thats about $1000 and now she and her lawer have had the taxes redone (not refiled just redone , cooked I'm sure) and want to give me only $300,First how can I get the taxes I've paid (small claims court ?) or is paying taxes on her captial gains considered co mingling. (I never recived any of 'her' money)
Thanks Daniel Cross
None of this makes much sense from a tax standpoint. Inheritances don't normally result in capital gains. Disposal of assets obtain in an inheritance can...but its still a bit unusual. Order a tax return transcript from the IRS of the actual return that was filed....and then take it to a tax preparer to see how it would have panned out if you had filed "married filing separately".

Its possible that you wouldn't have come out any better. However you definitely can't take any action unless you can prove that you were harmed.
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