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unpaid taxes from spouse's unknown income!!

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Deb_L

Junior Member
What is the name of your state? KY

This is a SERIOUS TAX question... :eek: I hope anyone can help.. PLEASE! I am a US Citizen, and have been married to a legal mexican immgrant for 2.5 yrs with no children. He has recently received approval status as permanet resident and now has his green card. He received his workers permit a year ago. When we first met he said he was self employed. Although he said that any amount he made was so small it was irrelavent, because I knew he was not allowed to work in the US at the time. Since then, I have filed jointly with him for the past 2 years of marriage. On each joint return he has been listed as a dependent with 0 income. I have been paying ALL of the bills and expenses. During this time, things were finacially tight for me, I even had to file bankruptcy 6 mos. ago due to issues from a previous marriage. He was not affected by this. Over the past 2 years his business started to grow, and he also received his workers permit. He wanted a separate bank account, even while I still paid the bills. He did help out with some expenses, such as vacations, and maintenance repairs, etc., but I was always unaware of the amount of income he made. In fact, I had no idea how much money he has really earned in the last 3 years. He said any money he made from his business would be filed on separate tax returns for the business under the tax id. He said it was ok to show his income as 0 on our joint tax return. Recently, I have found out that he has yet to file any returns and has very little paper work on his business income for the last 3 years, as he was not finacially organized. After researching, I know now that he should have been filing his income from his business on our joint return. His business was legal, but not managed and organized very well. One day this past year, I found a company's W2 form showing they paid him a 6 figure amount during just 1 year in his business. Then I found many other w2's from many companies showing very large amounts of income during the year. I could not believe this was happening. Obvoiusly, we began to have marriage issues, and I moved out of our apartment. I will be transferring out of state soon for a work promotion at my job to get on with my life. 4 months ago, he finally agreed he would pay his taxes that he has made from the last 3 years, but still nothing has been done. He says he cannot divorce me right now, because it will look like marriage fraud (i just think he's scared it will affect his legal status here). I have recently heard from friends that he may flee out of the state or country after I move because he has no money now and his business is almost dead. Do I have any options to protect myself from his tax fraud? He has no money left, no assets, and nothing to show for his income. He has blown every bit of income he has ever made, and never paid the IRS a dime. As his wife, I am aware that I am also responsible for any of his unpaid taxes, and for misrepresenting his income on our tax returns. I have no assets due to my recent bankruptcy. Will a tax attorney be helpful in this situation? Is there any way I can protect myself from possible federal offense or crimes from this? I will certainly seek a divorce attorney. I have always been a law-abiding US citizen, and I am desparate to find only legal means to clean up the tax mess he may leave behind for me to deal with. Any advice will help. Thanks!
 


abezon

Senior Member
1. File for legal separation NOW, even if you don't file for divorce. Actually, I recommend you file for divorce immediately, regardless of his immigration concerns. His green card can be revoked for fraud on the application -- he had to swear that he'd filed all tax returns accurately.

2. Talk to a tax attorney about whether you should approach the IRS or wait for them to approach you. At the appropriate time, file for innocent spouse relief for the years you filed jointly. To qualify, you have to show that you had no reason to know of his income & did not benefit from it. Depending on your proof, you probably qualify.

3. DO NOT file jointly with him for 2004. File married separate & claim the kid yourself. Claim all the itemized deductions if it benefits you.

4. An even better solution would be for you to get the marriage annulled, but I don't know if you can.
 

Deb_L

Junior Member
THANK YOU. THANK YOU. It's such a relief to know that I CAN take action to get things headed in the right direction. Your response has been more helpful than you will ever know.
 

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