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How can we prove to the City of Cleveland that my husband DID NOT live there?

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ErinMuffins

Junior Member
What is the name of your state? Ohio

My husband and I were married in 2005. In February of 2002 we began living together in a suburb of Cleveland. Prior to that, my husband lived with his mother in the city of Cleveland. My husband never lived in the city of Cleveland again.

Last Friday he got a notice in the mail that he owed back Cleveland taxes and that he had to appear in court. Monday morning (yes, the tax man works on Vet day!) he called to inquire as to what tax year and why it was coming up now since he didn't live there for so many years. Apparently, they believe he owes from 2001 through 2005!

Here is where things get murkey. I found our past leases and had my husband fax them to the tax collector and figured now that they see we lived elsewhere, he will likely only need to pay a small amount for 2001 (we was 20 years old then and didn't make much money). After reviewing the documents my husband was told that "lots of people sign leases for other people to help them out" and that the leases were not sufficient proof of residence.

Apparently, my husband didn't have much faith in our relationship at this time and left his address on his drivers license as his mom's Cleveland address until 2004. Furthermore, he didn't change his address with his employers until 2004ish. It looks and feels like we are in trouble now, but the fact and truth remains that my husband did not live in the city of Cleveland. I can not find tax returns from prior to 2005 (when we married) so i fear that there may be more discrepancies.

Is there anything we can do to avoid paying the city of Cleveland? We will if we must, but I still feel this is a question worth asking since he really didn't live in Cleveland and I hate being strong armed by such an irresponsible municipality (ironic huh?). For what it is worth, I am not behind on taxes, and my husband and I are current with the regional income tax agency. We are not trying to avoid paying our taxes, I just feel this not a tax he should owe. I know I could be wrong though...

thanks in advance for any advice!
 


LdiJ

LdiJ

Senior Member
ErinMuffins said:
What is the name of your state? Ohio

My husband and I were married in 2005. In February of 2002 we began living together in a suburb of Cleveland. Prior to that, my husband lived with his mother in the city of Cleveland. My husband never lived in the city of Cleveland again.

Last Friday he got a notice in the mail that he owed back Cleveland taxes and that he had to appear in court. Monday morning (yes, the tax man works on Vet day!) he called to inquire as to what tax year and why it was coming up now since he didn't live there for so many years. Apparently, they believe he owes from 2001 through 2005!

Here is where things get murkey. I found our past leases and had my husband fax them to the tax collector and figured now that they see we lived elsewhere, he will likely only need to pay a small amount for 2001 (we was 20 years old then and didn't make much money). After reviewing the documents my husband was told that "lots of people sign leases for other people to help them out" and that the leases were not sufficient proof of residence.

Apparently, my husband didn't have much faith in our relationship at this time and left his address on his drivers license as his mom's Cleveland address until 2004. Furthermore, he didn't change his address with his employers until 2004ish. It looks and feels like we are in trouble now, but the fact and truth remains that my husband did not live in the city of Cleveland. I can not find tax returns from prior to 2005 (when we married) so i fear that there may be more discrepancies.

Is there anything we can do to avoid paying the city of Cleveland? We will if we must, but I still feel this is a question worth asking since he really didn't live in Cleveland and I hate being strong armed by such an irresponsible municipality (ironic huh?). For what it is worth, I am not behind on taxes, and my husband and I are current with the regional income tax agency. We are not trying to avoid paying our taxes, I just feel this not a tax he should owe. I know I could be wrong though...

thanks in advance for any advice!
Click to expand...
He should contact the IRS to get income transcripts for the years in question. That will show what address showed on his W2.

However, if his W2 shows a Cleveland address, and they won't accept the leases as proof, then I am not sure what you can do.
 
A

abezon

Senior Member
The fact that the tax authority claims 'lots of people sign leases for others' is irrelevant. That's why the tax authority doesn't want to take the lease as evidence. However, the person who decides what evidence to acept is THE JUDGE. Think of the tax man as a prosecutor -- his job is to argue that hubby lived in Cleveland & he will ignore any evidence to the contrary on general principle.

To court, take in your marriage licence showing when you got married, & all the leases showing hubby listed on the lease. ALSO take in your leases from before you got married showing that hubby was not listed on the lease before the marriage, as this refutes any claim that he signed the lease to help you out. ALSO take your federal & state tax returns showing the suburb address.

Also take along your address info from 2002-2006 showing that you lived outside Cleveland. The judge will likely believe that a married couple lived together! As extra evidence, take along Mom to testify that hubby moved out to the suburbs in 2002.

If you have any neighbors who can testify that hubby was actually at the suburb house mowing the lawn & drinking beer on the porch over the last few years, that will help even more than Mom's testimony, since they're disinterested strangers.

Be prepared to admit laziness about changing the address on the driver's license & car registration.

BTW, change them now if you haven't already!
 
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ErinMuffins

Junior Member
Thank you all for your replies. We will be addressing this issue again on the 20th (hopefully with a judge!). I will update then.

From the bottom of my heart, thank you for the insight!
 
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