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ex filed our taxes illegally-kept refund

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A

akayecf

Guest
What is the name of your state? Ut

My ex-husband and I separated before our 2001 taxes were filed--we were due a tax refund of about $7000. Because we could not agree to a split--we agreed that we wouldn't file our 2001 taxes until our court date of January 2003. In January 2003 the court awarded a split of the tax refund.

Now I have found out from the IRS that my ex-husband filed our 2001 taxes as a joint return in December (before our January court date). They also tell me that he filed a paper copy--and that the paper copy would have to have had both signatures to be accepted. I did not sign this return--I have never even seen it.

The IRS also told me that the full refund was electronically deposited into a checking account (also in December before our court date)--I called the bank of deposit and am told that the account does belong to my ex-husband but my name is not on the account. The IRS says the bank should have kicked out the electronic deposit if the account was only in one partner's name--because the refund was in both of our names. But somehow the deposit went through.

My ex refuses to give me my court ordered share of the return.

What type of crime has he committed and what should I do about it?

Thank you for your help.
 
Last edited:


abezon

Senior Member
forgery, fraud, filing a false return, theft, contempt of court, and incredible stupidity. File a motion for contempt of court and ask the court to make him give you the entire refund as punishment. Plus costs & attorney fees. Also, file a police report for theft & fraud & forgery. Finally, file charges with the US attorney's office for theft/forgery/fraud/filing a false return. You want LOTS of documentation that you didn't sign the return.
 

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