Colorado Belle
Junior Member
What is the name of your state? Colorado
This 'tax' question involves a divorce and appeal of same...so I may post this in the divorce forums too.
I was separated from my husband in 2000. He filed for divorce in Nov, 2002 and the divorce decree was granted without property settlement on August 15, 2003. Trial in 2004. Permanent orders in 2005. Appeal filed in 2006 and appeal brief due in less than a month:
In late 2004, I was ordered by a STate District Court judge to file a joint tax return for the years 2001 and 2002. In the tax years 2001 and 2002, we were separated and X had committed many prohibited transactions with our retirement plan for which he was held liable by the Department of Labor investigation. During that time he refused to file income tax returns. In 2003, prior to the divorce and 3 weeks from first trial date, I was granted a motion to compel the tax returns as my lawyer felt they were needed in making our case.
X gave me his proposed filings, but I determined that htey did NOT include all necessary income. He said he would get a letter from our accountant stating that all necessary income was included and I agreed to sign the filings when that letter was provided. It never was. The accountant actually told me NOT to sign as did the IRS. In 2004, an accountant friend of my X redid the tax returns, and included some of the missing income.
Also included was tax consequences for stocks X sold from his aunt's estate, claiming that money in the estate as his by right of inheritance. I questioned why I should pay taxes on money that was his alone. He agreed to give me additional info explaining the new returns. Never did. After the trial but before permanent orders, he motioned the Court that I should be ordered to sign these tax returns. In addition to the fact that at the time I was pro se and he did NOT send me a copy of the motion (indeed I never knew it had been filed) the Court ordered, without a hearing, that I must sign what I thought were fraudulent tax returns. The IRS position is that signing a joint return even when married, is an independent choice by each party. The IRS said that the State judge had no right to order me to sign AND that I could not claim innocent spouse exemption if I did sign, as I knew about the fruad. Sigh. So, I didn't sign. In 2005, X decided that rather than give me the promised accountings that he would file separately for 2001 andf 2002, as is his choice.
However he then told the Court that my refusing to sign jointly caused him to pay more in taxes. He of course also had to pay more in fees and penalties for not filing for 4 years . There was a hearing and lovely judge who has not been at all impartial in this matter, decided that I had to pay ALL of the extra taxes (in addition to half of the joint taxes which had already been paid out of marital assets) and all fees and penalties.
It is on appeal. So, it would be helpful to have some case law in re this matter. Also, an opinion from a tax expert on this matter. My opinion is that no state judge has a right to order me to sign a fraudulent joitn tax return.
Thanks for any help!
This 'tax' question involves a divorce and appeal of same...so I may post this in the divorce forums too.
I was separated from my husband in 2000. He filed for divorce in Nov, 2002 and the divorce decree was granted without property settlement on August 15, 2003. Trial in 2004. Permanent orders in 2005. Appeal filed in 2006 and appeal brief due in less than a month:
In late 2004, I was ordered by a STate District Court judge to file a joint tax return for the years 2001 and 2002. In the tax years 2001 and 2002, we were separated and X had committed many prohibited transactions with our retirement plan for which he was held liable by the Department of Labor investigation. During that time he refused to file income tax returns. In 2003, prior to the divorce and 3 weeks from first trial date, I was granted a motion to compel the tax returns as my lawyer felt they were needed in making our case.
X gave me his proposed filings, but I determined that htey did NOT include all necessary income. He said he would get a letter from our accountant stating that all necessary income was included and I agreed to sign the filings when that letter was provided. It never was. The accountant actually told me NOT to sign as did the IRS. In 2004, an accountant friend of my X redid the tax returns, and included some of the missing income.
Also included was tax consequences for stocks X sold from his aunt's estate, claiming that money in the estate as his by right of inheritance. I questioned why I should pay taxes on money that was his alone. He agreed to give me additional info explaining the new returns. Never did. After the trial but before permanent orders, he motioned the Court that I should be ordered to sign these tax returns. In addition to the fact that at the time I was pro se and he did NOT send me a copy of the motion (indeed I never knew it had been filed) the Court ordered, without a hearing, that I must sign what I thought were fraudulent tax returns. The IRS position is that signing a joint return even when married, is an independent choice by each party. The IRS said that the State judge had no right to order me to sign AND that I could not claim innocent spouse exemption if I did sign, as I knew about the fruad. Sigh. So, I didn't sign. In 2005, X decided that rather than give me the promised accountings that he would file separately for 2001 andf 2002, as is his choice.
However he then told the Court that my refusing to sign jointly caused him to pay more in taxes. He of course also had to pay more in fees and penalties for not filing for 4 years . There was a hearing and lovely judge who has not been at all impartial in this matter, decided that I had to pay ALL of the extra taxes (in addition to half of the joint taxes which had already been paid out of marital assets) and all fees and penalties.
It is on appeal. So, it would be helpful to have some case law in re this matter. Also, an opinion from a tax expert on this matter. My opinion is that no state judge has a right to order me to sign a fraudulent joitn tax return.
Thanks for any help!