Innocent spouse relief and tax fraud by ex

[Midwest1]

She already implied, if not outright stated she authorized her pin signature. So I repeat, unless she is planning on committing more fraud, she is toast. If you can show me a court case, where a spouse was absolved of liability for a tax return they authorized, because they claimed they were to stupid to look at it and know it was fraudulent.... Wait...just in...OP could look at the return and instantly know it was fraudulent. I would love to see a court case where the spouse in a legally filed return was absolved of liability because they claim they decided to authorize/sign it, without bothering to look at it.

Hint... Ignorance of the law is no excuse.

OP here. No I never implied or stated that I gave him a PIN or electronic signature authorization. As I stated originally he prepared the tax filings every year himself, secretly and without my knowledge. I never once signed electronically nor authorized a PIN since I never had one. Again, he prepared them fraudulently and did not want my review of the filings because he was submitting fraudulent exemptions which he knew I would not okay. I just recently learned of his activities after the divorce. I fully acknowledge that I should have taken much greater care in overseeing his handling of the filings. We were married for 20 years and I trusted him at the time. Basically he scammed the IRS and myself. My questions were as to how best I can handle the situation. Thank you.

 

[OHRoadwarrior]

So are you claiming 1. You trusted him to prepare the returns and tacitly approved his applying your signature. or 2. You have failed to file tax returns for the past 20 years, in violation of federal law and were not caught due to hubby fraudulently processing them for you and you were not aware, nor did you spend any tax refund money thinking it was partially yours?

Hint... You cannot have it both ways.

 

[Midwest1]

So are you claiming 1. You trusted him to prepare the returns and tacitly approved his applying your signature. or 2. You have failed to file tax returns for the past 20 years, in violation of federal law and were not caught due to hubby fraudulently processing them for you and you were not aware, nor did you spend any tax refund money thinking it was partially yours?

Hint... You cannot have it both ways.

Please do not reply to any more of my posts. I am not sure why you are so angry and obnoxious and I really don't care. Please just take your rants and misguided criticism elsewhere.

 

[davew128]

She already implied, if not outright stated she authorized her pin signature. So I repeat, unless she is planning on committing more fraud, she is toast. If you can show me a court case, where a spouse was absolved of liability for a tax return they authorized, because they claimed they were to stupid to look at it and know it was fraudulent.... Wait...just in...OP could look at the return and instantly know it was fraudulent. I would love to see a court case where the spouse in a legally filed return was absolved of liability because they claim they decided to authorize/sign it, without bothering to look at it.

Hint... Ignorance of the law is no excuse.

Hint...Ignorance of tax law should be an absolute prohibition for you on this board. Let me repeat for you, since you clearly didn't get the memo: SHE DIDN'T SIGN THE RETURN OR IT'S E-FILE EQUIVALENT. There is no implied consent to filing a return. You either signed it or you did not. If she did not, then the fraud was commited by the EX. GOT IT?

 

[OHRoadwarrior]

So she wants to get herself out of the fraudulent situation she is in and you misspoke and cannot back up your claim of supporting case law to support your allegations, yet I am supposed to be the bad guy? I have been doing returns for decades and have also taken coursework in tax law. So lets see the case law you promised dave128. Her plea can't be both ways. In all likelyhood, the only way the IRS will buy her claim, is if she had no earned income and can prove to their satisfaction she lacked the mental capacity to understand what was going on.

 

[tranquility]

Basically he scammed the IRS and myself.

No, he didn't. He did not "scam" you in any way. In fact, you profited from it because you paid less in taxes through those years. But, because of your clear knowledge of the business activities, this is where the problem lies. You will not be able to just say you didn't know (which is the usual way), but, that ex forged your signature.

Forged. Your. Signature.

That is a felony. It is not going to go away just because you say you're innocent. There are going to be men in suits who will come and ask questions. Usually, the IRS comes calling with men in shirt and ties. Suits mean someone may go to jail. Even lying to one of the men in suits is a crime. Before you take this course, speak to an attorney.

 

[Midwest1]

No, he didn't. He did not "scam" you in any way. In fact, you profited from it because you paid less in taxes through those years. But, because of your clear knowledge of the business activities, this is where the problem lies. You will not be able to just say you didn't know (which is the usual way), but, that ex forged your signature.

Forged. Your. Signature.

That is a felony. It is not going to go away just because you say you're innocent. There are going to be men in suits who will come and ask questions. Usually, the IRS comes calling with men in shirt and ties. Suits mean someone may go to jail. Even lying to one of the men in suits is a crime. Before you take this course, speak to an attorney.

OP here. I have no intention of lying to anyone at anytime. I have not lied or misled the IRS knowingly. My goal was to get suggestions as how to best handle this matter where my ex did indeed forge my signature and lie and claim false exemptions on tax returns. I was not aware at all that he was doing this until after our divorce. I simply wanted advice on the best course of action and will only take the action where I am able to be 100% truthful. Thank you.

 

[OHRoadwarrior]

As I explained, you are between a rock and a hard place. BTW, I do believe you had no intent to be involved in this.

To whomever did so, deleting or reporting posts, does not change the facts I outlined, whether you like them or not. Whether dave128 wants to admit you are and cannot bring the case law he promised to refute my contentions, does not change the facts either.

 

[davew128]

No, he didn't. He did not "scam" you in any way. In fact, you profited from it because you paid less in taxes through those years. But, because of your clear knowledge of the business activities, this is where the problem lies. You will not be able to just say you didn't know (which is the usual way), but, that ex forged your signature.

Forged. Your. Signature.

That is a felony. It is not going to go away just because you say you're innocent. There are going to be men in suits who will come and ask questions. Usually, the IRS comes calling with men in shirt and ties. Suits mean someone may go to jail. Even lying to one of the men in suits is a crime. Before you take this course, speak to an attorney.

One more reason why the PIN method simply doesn't work for self-prepared e-filed returns. There is no physical evidence to prove or disprove that assertion. Any other method of filing, paper or electronic, requires an actual signature.

 

[OHRoadwarrior]

Hint...Ignorance of tax law should be an absolute prohibition for you on this board. Let me repeat for you, since you clearly didn't get the memo: SHE DIDN'T SIGN THE RETURN OR IT'S E-FILE EQUIVALENT. There is no implied consent to filing a return. You either signed it or you did not. If she did not, then the fraud was commited by the EX. GOT IT?

So then she committed fraud by not paying her taxes for all those years correct? Deleting the posts does not change the facts. OP obviously does not want to discuss the facts, she wants a way out of this without paying a penalty or going to jail.

 

[tranquility]

One of the requirements for innocent spouse relief is that a joint return was filed. (I.R.C. 6015(b)(1)(A)) With a claim of fraudulent signature by a spouse, was a joint return filed?

(b) Procedures for relief from liability applicable to all joint filers
(1) In general
Under procedures prescribed by the Secretary, if—
(A) a joint return has been made for a taxable year;
(B) on such return there is an understatement of tax attributable to erroneous items of one individual filing the joint return;
(C) the other individual filing the joint return establishes that in signing the return he or she did not know, and had no reason to know, that there was such understatement;
(D) taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; and
(E) the other individual elects (in such form as the Secretary may prescribe) the benefits of this subsection not later than the date which is 2 years after the date the Secretary has begun collection activities with respect to the individual making the election,
then the other individual shall be relieved of liability for tax (including interest, penalties, and other amounts) for such taxable year to the extent such liability is attributable to such understatement.

Here, the OP is claiming fraud, not innocent spouse. It's a good thing she filed married filing separately for all those years her signature was fraudulently put on the joint return. Otherwise, it might cause the IRS to doubt a little.

 

[OHRoadwarrior]

One of the requirements for innocent spouse relief is that a joint return was filed. (I.R.C. 6015(b)(1)(A)) With a claim of fraudulent signature by a spouse, was a joint return filed?


Here, the OP is claiming fraud, not innocent spouse. It's a good thing she filed married filing separately for all those years her signature was fraudulently put on the joint return. Otherwise, it might cause the IRS to doubt a little.

Now your posts will be getting deleted also!!! You want to discuss facts.

 

[tranquility]

Now your posts will be getting deleted also!!! You want to discuss facts.

davew128 and LdiJ and I have had many zealous debates in this forum through the years. And, one must be quite tone deaf to not know I can be a royal jerk if you catch me on the right day. Sometimes even if the day is not special. Yet, I don't recall my posts being deleted here. I wonder what the moderator unconnected to any of us found disturbing in your posts. I have not followed close enough to know, but it must have been something.

 

[OHRoadwarrior]

davew128 and LdiJ and I have had many zealous debates in this forum through the years. And, one must be quite tone deaf to not know I can be a royal jerk if you catch me on the right day. Sometimes even if the day is not special. Yet, I don't recall my posts being deleted here. I wonder what the moderator unconnected to any of us found disturbing in your posts. I have not followed close enough to know, but it must have been something.

I believe the OP was deleting them. Is that not an option on this forum? I was not saying anything untoward. Regardless, the button can be hit and remains dead, unless revived by she who remains unnamed.

 

[tranquility]

Ah, the temporary ban hammer. I think we can all do that.