semi-hypothetical

[misslawli]

What is the name of your state?Az
I have a question purely out of curiosity and interest. I know of a situation where a man and woman became oficially divorced in Feb. of 2003. The X-wife went and filed income taxes in march 2004. She was expecting a hefty return but when she asked why her check wasn't in(end of may) yet they(I THINK the IRS) told her that her that she couldn't claim a return because her HUSBAND had already filed and gotten the return check. The X-wife had NO idea what was going on. Turns out the X-husband had filed the joint return and forged her name. What are the penalties for this. or at least the charges that he could be facing? He also forged her name on the check. I know it's none of my business. But this guy has spent the last 2&1/2 years screwing over and taking advantage of every person he knows. This time he got stupid and hopefully he gets what he deserves.

[abezon]

She needs to contact the IRS & disavow the return. She should indicate that she did not sign any joint return with him, & that she did not endorse any check. She should include a certified copy of her divorce decree signed by the judge, showing that they were NOT married as of 12/31/2003, which establishes that the 2 could not legally have filed a joint return. She should also include a copy of the return she prepared & ask the IRS to process it.

He could face jail or fraud fines/penalties for filing a fraudulent return. She can also file state and federal criminal charges against him for forgery (tax return and refund check) & grand larceny (refund check made out to her). Finally, if there were kids & he claimed them improperly, she can bring a contempt of court action against him & request the court find that he forged her signature on the return, was not allowed to claim the kids, and request "relief" including reimbursement of her costs & attorney fees for bringing the contempt action, damages for the delay in her refund, & could even ask the court to modify the custody order to not allow him to claim the kids.

She can also ask the IRS to award her any reward for turning in a tax fraud perpetrator.