reduction in refund

[carol1206]

What is the name of your state? New Jersey

My husband and I separated in December 2003. When we filed our 2003 taxes in April of 2004, we were not living together but we had to file jointly for the year ending 2003. I did our taxes on line as I have for the past few years. I filed using the information he provided me with (1099's, w-2's) However, he neglected to inform me that he had collected unemployment wages that year also.

For the year ending 2004, I filed head of household, while he filed married, but separate. I received a refund for that year. Sometime in 2005, I received paperwork from the IRS (a copy was sent to him as well) that because the unemployment was not reported for 2003, we owed back taxes for 2003 of around 1700.00 because we were not entitled to the $3500.00 refund that year.

To get to the point at hand, the ex never took care of the back taxes and therefore my refund for 2005 was reduced by $2700.00. My question is, is there anyway I can go after him to recoup some of this money? When we got the $3500.00 refund for 2003, he kept $2000.00 and gave me $1500. I realize that because we had filed jointly that year, I am as responsible as he is, but it just tears me up because I'm the one who pays in the end.

[LdiJ]

Originally Posted by carol1206

What is the name of your state? New Jersey

My husband and I separated in December 2003. When we filed our 2003 taxes in April of 2004, we were not living together but we had to file jointly for the year ending 2003. I did our taxes on line as I have for the past few years. I filed using the information he provided me with (1099's, w-2's) However, he neglected to inform me that he had collected unemployment wages that year also.

For the year ending 2004, I filed head of household, while he filed married, but separate. I received a refund for that year. Sometime in 2005, I received paperwork from the IRS (a copy was sent to him as well) that because the unemployment was not reported for 2003, we owed back taxes for 2003 of around 1700.00 because we were not entitled to the $3500.00 refund that year.

To get to the point at hand, the ex never took care of the back taxes and therefore my refund for 2005 was reduced by $2700.00. My question is, is there anyway I can go after him to recoup some of this money? When we got the $3500.00 refund for 2003, he kept $2000.00 and gave me $1500. I realize that because we had filed jointly that year, I am as responsible as he is, but it just tears me up because I'm the one who pays in the end.

You could try filing an innocent spouse form. I can't guarantee that it will solve the problem, but its at least worth a shot. You might get your refund back.

[carol1206]

I was thinking more along the lines of going after him personally. I don't think the innocent spouse rule would be a feasible avenue. But thanks.