Ex and taxes = NIGHTMARE! PLEASE HELP!

[bzdmk]

California

Long story short:
1) 2 years after my divorce was finalized, I've been notified by the IRS that my 2008 refund was applied to the 2005 taxes owed.
2) Before the separation, I had signed a blank form so my ex could file it and get it done with. At that time, I was new to the country and did not know anything about the tax process in the US so I trusted him.
3) Last month, when I contacted the IRS they told me that the taxes were filed in dec of 2008.
4) I then contacted my ex to ask what was going on but he's just playing dumb saying he doesn't know what happened and avoids my questions. He's very sneaky, so I've been contacting him via email so I have all documented, in case this gets ugly. He says that the accountant back then lied to him saying he filed the taxes but he didn't and filed in 2008 without his knowledge. (really doubt it)
5) Back then, I was working part time but was a full time wife and probably made around 13K and my ex made around 100K.
6) He told me that this process is on 'adjustment' status but I'm not too sure. His accountant is not allowed to talk to me without his consent and nobody answers my questions!!
7) Today he emailed me asking for copies my 2005 W2s.
8) Ex and the acct. ignores all my requests to get a copy of the forms that were sent to the IRS. I got a copy directly from IRS but it's fishy that were are so hesitant to show me the signed copies or any docs that were filed.

I would really appreciate if someone could help me answer my questions:

1) How the heck did he file without my W2s or my income back then?
2) How can an accountant file 2005 taxes in 2008 without his knowledge?
3) Based on what they are saying the case is on 'adjustment' status, can I stop everything and file separately??
4) Got some info on 'innocent spouse' but not really sure how to proceed. Since we were married back then and all assets and debts are joint, my refund was applied to the amount owed and IRS told me he would have to pay me back but doesn't really have to. Other option is to file a lawsuit to get it.

Bottom line is, I just want to file it separately if I can, get my refund back and report him to the fraud dept. I'm sure he's playing dumb because he wants to keep me calm so I don't report him. He's taking his sweet time to resolve it, but if 2K is not much for him, it's a lot for me and I just want to expedite things...

[LdiJ]

Originally Posted by bzdmk

California

Long story short:
1) 2 years after my divorce was finalized, I've been notified by the IRS that my 2008 refund was applied to the 2005 taxes owed.
2) Before the separation, I had signed a blank form so my ex could file it and get it done with. At that time, I was new to the country and did not know anything about the tax process in the US so I trusted him.
3) Last month, when I contacted the IRS they told me that the taxes were filed in dec of 2008.
4) I then contacted my ex to ask what was going on but he's just playing dumb saying he doesn't know what happened and avoids my questions. He's very sneaky, so I've been contacting him via email so I have all documented, in case this gets ugly. He says that the accountant back then lied to him saying he filed the taxes but he didn't and filed in 2008 without his knowledge. (really doubt it)
5) Back then, I was working part time but was a full time wife and probably made around 13K and my ex made around 100K.
6) He told me that this process is on 'adjustment' status but I'm not too sure. His accountant is not allowed to talk to me without his consent and nobody answers my questions!!
7) Today he emailed me asking for copies my 2005 W2s.
8) Ex and the acct. ignores all my requests to get a copy of the forms that were sent to the IRS. I got a copy directly from IRS but it's fishy that were are so hesitant to show me the signed copies or any docs that were filed.

I would really appreciate if someone could help me answer my questions:

1) How the heck did he file without my W2s or my income back then?
2) How can an accountant file 2005 taxes in 2008 without his knowledge?
3) Based on what they are saying the case is on 'adjustment' status, can I stop everything and file separately??
4) Got some info on 'innocent spouse' but not really sure how to proceed. Since we were married back then and all assets and debts are joint, my refund was applied to the amount owed and IRS told me he would have to pay me back but doesn't really have to. Other option is to file a lawsuit to get it.

Bottom line is, I just want to file it separately if I can, get my refund back and report him to the fraud dept. I'm sure he's playing dumb because he wants to keep me calm so I don't report him. He's taking his sweet time to resolve it, but if 2K is not much for him, it's a lot for me and I just want to expedite things...

You cannot get a refund back for 2005 at this point, but you could try filing a separate return to try and take away your liability for his return. If they used the blank return that you signed however, the separate return may not fly. He will also owe significantly more than he does now.

I believe that the return was filed in December of 2008...because you weren't connected to it until then or they would have taken your 2007 refund as well.

You can also put some serious pressure on the accountant. He/she filed a return with your name on it therefore he/she cannot refuse to speak to you or provide you with a copy. Threaten to report him to the fraud division of the IRS if he doesn't provide you a copy of the return that you alledgedly signed. You may want to do that first before filing a separate return.

Don't turn over your W2s to them at this point.

[bzdmk]

Originally Posted by LdiJ

You cannot get a refund back for 2005 at this point, but you could try filing a separate return to try and take away your liability for his return. If they used the blank return that you signed however, the separate return may not fly. He will also owe significantly more than he does now.

** I'm not really expecting any refund from 2005... if I get it, great, if not, doesn't make a difference... All I want is to correct this situation.

Originally Posted by LdiJ

I believe that the return was filed in December of 2008...because you weren't connected to it until then or they would have taken your 2007 refund as well.

** Our divorce was finalized by 2006, so 2006 and 2007 returns were filed separately. I just don't understand why 2005 taxes were filed in dec of 2008.

Originally Posted by LdiJ

You can also put some serious pressure on the accountant. He/she filed a return with your name on it therefore he/she cannot refuse to speak to you or provide you with a copy. Threaten to report him to the fraud division of the IRS if he doesn't provide you a copy of the return that you alledgedly signed. You may want to do that first before filing a separate return.

** Just got an email from ex, saying that the acct will resolve everything once I turn in the W2s. He's trying very very hard to keep me away from those documents. If I just go to the IRS office and take care of things there, can anything backfire??


Don't turn over your W2s to them at this point.[/quote]

** Thank you! Great advice...

[irsos]

Originally Posted by bzdmk

** I'm not really expecting any refund from 2005... if I get it, great, if not, doesn't make a difference... All I want is to correct this situation.


** Our divorce was finalized by 2006, so 2006 and 2007 returns were filed separately. I just don't understand why 2005 taxes were filed in dec of 2008.



** Just got an email from ex, saying that the acct will resolve everything once I turn in the W2s. He's trying very very hard to keep me away from those documents. If I just go to the IRS office and take care of things there, can anything backfire??


Don't turn over your W2s to them at this point.

** Thank you! Great advice...[/quote]

The IRS already has the W-2's. Sounds very fishy.

[bzdmk]

Should I warn them about the fraud report or surprise is always better?

I'm just afraid he'll try to do something and reporting him for fraud could backfire...

[LdiJ]

Originally Posted by bzdmk

Should I warn them about the fraud report or surprise is always better?

I'm just afraid he'll try to do something and reporting him for fraud could backfire...

Tell the accountant, NOT your ex to either give you a copy of the tax return that he filed on your behalf, including any signature pages, or you will report the accountant to the fraud division of the IRS.

If the accountant still refuses, file a separate return AND report the accountant to the fraud division of the IRS. You will likely need to file a separate return no matter what, but you are entitled to a copy of what they filed.

[bzdmk]

Originally Posted by LdiJ

Tell the accountant, NOT your ex to either give you a copy of the tax return that he filed on your behalf, including any signature pages, or you will report the accountant to the fraud division of the IRS.

If the accountant still refuses, file a separate return AND report the accountant to the fraud division of the IRS. You will likely need to file a separate return no matter what, but you are entitled to a copy of what they filed.

Thanks for the advice...
I requested the copies to the accountant and my ex again today.
Ex keeps going in circles telling me to give them the W2s and the accountant does not respond to any of my requests.
This is aggravating me cause they are refusing my rights to know what's going on.

If I file a separate return for 2005 as well as the 'innocent spouse' claim, do I still have chances to get my 2008 refund back? Also, I'm thinking about hiring an accountant to audit my 2004 and 2005 tax years, but I'm not sure if it's a good idea...