Signing wife's name to Income Tax Return...

What is the name of your state? NY State

What, if anything, can happen to a husband if he signs his wife's name to a federal income tax return of $4300+ and a state income tax return of $900+ while they are seperated?

heartsnflowers said:

What is the name of your state? NY State

What, if anything, can happen to a husband if he signs his wife's name to a federal income tax return of $4300+ and a state income tax return of $900+ while they are seperated?

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Honestly I have never known of a single, solitary thing happening. But it goes on all the time.

Return or refund?

Are you saying he signed the tax return on behalf of his spouse (I assume that is you) or the actual refund CHECK ?

If this happened to you, then the question is what do you want to happen? Do you want your half of the money? If so then that should be part of your settlement? Do you want him to get in trouble? If so, consult with your own attorney first, but, yes, he did break a federal law. But before you "drop a dime" on him, think about what impact getting him in trouble will have on you and him. His legal fees defending this will come out of your collective funds. Probably would not be worth it!!

Lastly, in the future, avoid getting tax refunds altogether. Why loan the government money interest free!?! I decrease my withholdings (thru W-4 exemptions) so I always owe the government a little bit (not enough to invoke any prepay requirement).

Thanks for your replies. First, no it's not me. The seperated couple in question is my sister and her husband. They filed their income tax jointly, then he left her. He said that because she didn't work, he didn't feel she should deserve half of the refund. So, when the check came in, he signed for both parties, and deposited the funds into a private account in his name only. She can not gain access to the funds immediately, and feels that by the time the motions are filed, the money will be gone (before it can be divided equally). At this point, she figures that the legal ramifications of forgery may be the only way he can be penalized for his actions.

Does your sister have a copy of the returns? Can she get them if she doesn't? And does she know where he banks?

How long ago did this happen?

I'm asking these questions because my husband did the same thing, tried to I should say but w/the help of the IRS and his bank I finally retrieved MY rightful half.

I too, according to my husband didn't have a job so he felt he deserved it but without me he wouldn't have gotten back as much as we did.

I'm editing my post as I just found out via IRS website that you can request a copy of the original tax refund filed under your name as well as a micro film copy of the front & back of the cancelled refund check. I called the IRS @ 1-800-829-0922, I wrote down every persons name I spoke to, their ID # and made sure I told as many people possible my situation. Then I wrote my letter including them in it.

A further help would be to go to the bank where the check was deposited first and see what actions they're going to take in order to help you. I spoke to supervisors of the bank and asked them what they planned to do about this and to my surprise they actually froze the monies pending investigation. I added this in my letter to the IRS as well yet at the time I wasn't aware that the monies were frozen. I found out by my freaked out husband.

In the end I found out that my husband never signed my name, it was a bank error, so the bank had to refund me my money.

Oh, be prepared they will try to tell you that they can't guarantee you'll get your half, but you just keep reminding them of how you have no account with them, therefore they have no right to be holding your money. Persistence, persistence,persistence and in the end I'll be praying your sister gets her half.

Signed IRS refund check

The same happened to me. I felt my husb wouldn't tell me when the refund came in. I knew when I had signed it, gave it a few weeks, called his bank (I wasn't on this new account), told them situation. Ck had just been deposited thru ATM machine (one of his tricks), so they refused the deposit. The bank rep told me had they accepted it, the bank would be responsible for refunding me my half of refund check. Beware....no bank will stop this type of deposit unless brought to their attn....my husb was successful at this before. Had I waited a few more days I could have gotten my half. But instead he took the check to another new bank account unknown to me and deposited the refund ck and I haven't seen a dime and can't find it. As far as the IRS...forget it. They will do NOTHING. IRS Fraud Div has sent me numerous forms to complete....all of which require HIS signature in addition to mine! Now...do you really think I'd be able to get HIM to sign the form when it's HIM I'm complaining about? Everytime I call to complain about this situation, I get yet another form....needing his signature. They also told me their division wouldn't do much and I'd have to hire an atty and file criminal charges against him.........he'd use all our funds like the post above said. Good Luck!

Stargazer, have you written a letter to the IRS requesting a micro film copy of the front and back of the cancelled refund check?

L R Mom

Yes.....again they sent me a form to fill out that again required my husband's signature! In the letter I explained all that happened, etc., and why I needed the copies......still got the form.

Thanks.