Divorce and Taxes

[wondering0507]

What is the name of your state (only U.S. law)? MO

I filed for divorce and I had to fill out my financial forms for that process. My husband always did our taxes, even for my small craft business. I recently had to find our tax records for my income numbers for the past three years to fill out the divorce forms. After going combing through our computer files to find and obtain that information, I found that my husband made major errors on my business filings.

What is the best course of action?

Do I amended them myself, hope he will sign them and send them into the IRS?

Or do I contact the IRS directly tell them what is going on then follow their advise from there?

The biggest issue I have right now is not only going through the divorce, but my husband lives in another state now, has no working or accessible mail system (by choice) after 8 months of residency and he is belligerent when it comes to this sort of thing.

Any advise you can give will be appreciated.

Thank you!

 

[Ohiogal]

You can attempt to amend them but quite frankly, why didn't you read them before they were FILED????? You had an obligation to do that. Whatever is owed is considered business debt. What would be refunded is a marital asset. You can't blame your husband when you are just as much to blame.

Correction to the above: Whatever is owed is considered marital debt. Not just business debt. HOWEVER the business may also be a marital asset.

 

[LdiJ]

You can attempt to amend them but quite frankly, why didn't you read them before they were FILED????? You had an obligation to do that. Whatever is owed is considered business debt. What would be refunded is a marital asset. You can't blame your husband when you are just as much to blame.

I don't disagree with you but that does not help her at all with the current problem. She cannot go back and change the past.

OP, go to a tax professional after April 15th (when they have more time available) and have them prepare the amended returns with the necessary corrections. Once they are prepared and you see the exact results and have the exact numbers, come back and talk to us. You cannot make an informed decision otherwise.

 

[Ohiogal]

I don't disagree with you but that does not help her at all with the current problem. She cannot go back and change the past.

OP, go to a tax professional after April 15th (when they have more time available) and have them prepare the amended returns with the necessary corrections. Once they are prepared and you see the exact results and have the exact numbers, come back and talk to us. You cannot make an informed decision otherwise.

It seems to me OP is trying to pin all this on her husband as he prepared the returns. She is just as much to blame. If the returns are wrong, she needs to file amended ones. If she doesn't she can run afoul of the divorce court and/or the IRS. The IRS may not care that refunds were due but the divorce court would.

 

[wondering0507]

You can attempt to amend them but quite frankly, why didn't you read them before they were FILED????? You had an obligation to do that. Whatever is owed is considered business debt. What would be refunded is a marital asset. You can't blame your husband when you are just as much to blame.

Thank you for the advise.

 

[wondering0507]

I don't disagree with you but that does not help her at all with the current problem. She cannot go back and change the past.

OP, go to a tax professional after April 15th (when they have more time available) and have them prepare the amended returns with the necessary corrections. Once they are prepared and you see the exact results and have the exact numbers, come back and talk to us. You cannot make an informed decision otherwise.

Thank you so much!!! I am not trying to blame anyone here. I honestly did not see these errors before and I want to make them right! Thank you for giving me advise that I can use! I truly appreciate it.