taxes filed separately without knowledge

[concernedbrothe]

A family member of mine was recently divorced. Back in tax time of 2008 was when the conflict was coming to a head and they filed for divorce. My family member's husband had always taken care of all things financial, including taxes, and they had always filed jointly. When he filed for 2007's taxes, just prior to their separation, it turns out he filed separately, but told her he filed jointly. He did use her money in paying the taxes (they had a joint account). Now she's getting letters from the IRS about her un-filed 2007 returns. I realize she was very naive (she's trusting to a fault) for not asking questions when she didn't sign anything, but does she have any legal legs to stand on when dealing with the IRS? Can she go after him for the money to pay the IRS? It's a terrible situation, and I'm worried this will end very badly for her. Hopefully this is the proper forum (instead of divorce). Thanks for any help.What is the name of your state (only U.S. law)?

[TinkerBelleLuvr]

Have her talk with a tax advocate at the IRS.

http://www.irs.gov/advocate/

[concernedbrothe]

Thanks for the reply. I checked out the website and a bunch of the links and forwarded it to her. The info was pretty general given the large range of issues they deal with. I couldn't figure out if they would help identify if she has legal recourse against her ex, or if they would simply try to help her set up some sort of payment plan. Any experience or knowledge of how they could help her? Thanks again.

[TinkerBelleLuvr]

The links are to help with the IRS issues.

As for the divorce, further information would be needed with that. It is best to have the "relative" sign on with their own id. They have the information that would be needed to give a better answer.

[concernedbrothe]

Totally understand. I am just doing some independent research for her, as I'm worried she's letting this go too long. She really IS my family member, but I get that you have no way to verify that. Hopefully she can pursue this further. Thanks for the help already though.

[TinkerBelleLuvr]

The reason to have the person come on this site with their own id is that they know the subject matter.

[davew128]

Either hire someone to sort out the mess or hope taxpayer advocate can help her. Those are her options.

[irsos]

Originally Posted by concernedbrothe

A family member of mine was recently divorced. Back in tax time of 2008 was when the conflict was coming to a head and they filed for divorce. My family member's husband had always taken care of all things financial, including taxes, and they had always filed jointly. When he filed for 2007's taxes, just prior to their separation, it turns out he filed separately, but told her he filed jointly. He did use her money in paying the taxes (they had a joint account). Now she's getting letters from the IRS about her un-filed 2007 returns. I realize she was very naive (she's trusting to a fault) for not asking questions when she didn't sign anything, but does she have any legal legs to stand on when dealing with the IRS? Can she go after him for the money to pay the IRS? It's a terrible situation, and I'm worried this will end very badly for her. Hopefully this is the proper forum (instead of divorce). Thanks for any help.What is the name of your state (only U.S. law)?

There is nothing the Taxpayer Advocate can or will do about it. The husband filed seperately, which he is entitled to do. He paid out of a joint account, which he is entitled to do. This is a divorce issue since only a judge can give her credit for the tax payment as part of a property settlement.

If she files and is unable to pay, she can get into an installment agreement to pay the liability. If she is unable to pay anything, she could be put in a hardship status and possibly a settlemt if she qualifies. However, she needs to file if she has not. The Taxpayer Advocate is not there to settle marital disputes.