Ex husband filed my tax return without me and put his bank account for refund.

[askalaw]

Oklahoma
My husband and I split up after he filed our taxes. He had the marriage nullified due to a technicality. He went back and had our taxes amended to single and filing separately.

He told me that he did this because his lawyer said we had to — and that I would be getting a refund as would he — but he wanted me to hand over my portion of my refund because he said HE paid our initial tax bill (HE paid it with OUR money).

I just rolled my eyes. We ended up staying together, but not married. He told me that he filed the amendment on my behalf and sent it to the IRS with a certified copy of the annulment. He said he put HIS personal checking account on the filing so the return went directly to him.

I said that wasn’t fair and he said too bad. I never saw the amendment. He kept asking me where the refund went and accused me of circumventing it and taking the cash.

I never even saw it or got money! Come to find out — the IRS rejected it. He sent it AGAIN (on my behalf) and left the account number as his.

The IRS ended up giving HIM his amended refund but not me. He accused me of taking the money (again).

I called the IRS and they said they closed the case and the amendment would need to be resubmitted. So he got HIS refund and is mad that I haven’t gotten mine and given him the money.

I got a new accountant and told her what happened. She said that she wanted to talk to HIS (my old accountant) and find out what was up.

She did. She found out that it’s true. He filed the amendment on my behalf — and put his own bank account on there.

She is suggesting this is a crime. Is that true? If so — would you contact anyone? I’m concerned because my name is associated to this and I did NOT file the amendment…

 

[Just Blue]

Oklahoma
My husband and I split up after he filed our taxes. He had the marriage nullified due to a technicality. He went back and had our taxes amended to single and filing separately.

He told me that he did this because his lawyer said we had to — and that I would be getting a refund as would he — but he wanted me to hand over my portion of my refund because he said HE paid our initial tax bill (HE paid it with OUR money).

I just rolled my eyes. We ended up staying together, but not married. He told me that he filed the amendment on my behalf and sent it to the IRS with a certified copy of the annulment. He said he put HIS personal checking account on the filing so the return went directly to him.

I said that wasn’t fair and he said too bad. I never saw the amendment. He kept asking me where the refund went and accused me of circumventing it and taking the cash.

I never even saw it or got money! Come to find out — the IRS rejected it. He sent it AGAIN (on my behalf) and left the account number as his.

The IRS ended up giving HIM his amended refund but not me. He accused me of taking the money (again).

I called the IRS and they said they closed the case and the amendment would need to be resubmitted. So he got HIS refund and is mad that I haven’t gotten mine and given him the money.

I got a new accountant and told her what happened. She said that she wanted to talk to HIS (my old accountant) and find out what was up.

She did. She found out that it’s true. He filed the amendment on my behalf — and put his own bank account on there.

She is suggesting this is a crime. Is that true? If so — would you contact anyone? I’m concerned because my name is associated to this and I did NOT file the amendment…

Would you please explain the technicality?

 

[askalaw]

It was a common law marriage he filed because he wanted to put me on his insurance instead of pay extra for health insurance. It was for his employer at that time.

My divorce was not final -- so he filed this annulment to state that we were never legally married because my divorce was not final -- it was a long legal battle for custody and while I thought the mediation was successful for the divorce itself -- it was not for custody. We were still in temporary orders.

He is now stating that if I report what he's done -- he will tell the world that I was married to 2 people at once -- and "you poke the bear -- the bear will take your head off"

This was 2 years ago. I told my divorce attorney about this and he said it was not a crime because I had no knowledge of it -- nor did he. He was stopping all of this because he would refuse to pay the bill to my original lawyer because he would not allow him in my mediation. He wanted to control it and my lawyer said no.

So he stopped paying him -- and that delayed the finality of the divorce. And at the time HE controlled our money and my income. That is no longer the case.

 

[HRZ]

I doubt the IRS wants to sort out whether lied about what on a domestic matter .

IF you signed a joint return with him while not yet divorced ..you too lied ?

It's possible that his threats to report you to some law enforcement agency over some supposed law llegal bigamy situation unless you paid him some return money..it's not exactly clear what he demanded ...that his conducted was over the line into extortion ...but I doubt any law enforcement gives it the time of day except to say it's a civil matter.

If you falsified a return to IRS ..you don't exactly hold the high moral road to seek money back ?

 

[askalaw]

HE Filed the amendment on his own for MY taxes. I never asked for money back. He said he was just angry that he gave ME all of his business deductions because it worked out better that way when we filed married. And when this was separated -- it left him filing an amendment to get money back! And he put HIS bank account

I doubt the IRS wants to sort out whether lied about what on a domestic matter .

IF you signed a joint return with him while not yet divorced ..you too lied ?

It's possible that his threats to report you to some law enforcement agency over some supposed law llegal bigamy situation unless you paid him some return money..it's not exactly clear what he demanded ...that his conducted was over the line into extortion ...but I doubt any law enforcement gives it the time of day except to say it's a civil matter.

If you falsified a return to IRS ..you don't exactly hold the high moral road to seek money back ?

 

[HRZ]

THe IRS might be less than amused with his filing a falsified return to get your money pad to him ....the IRS actually pays a modest reward for turning in well detailed reports of tax fraud ....but you best think twice about reporting anything IF you signed any falsified docuements sent to IRS

 

[askalaw]

I just thought all of this would catch more attention -- how is it okay to change deductions on a whim... or complete an amendment on my behalf and put his own personal checking account to receive it?

it just seems extreme to me....how is this okay?

THe IRS might be less than amused with his filing a falsified return to get your money pad to him ....the IRS actually pays a modest reward for turning in well detailed reports of tax fraud ....but you best think twice about reporting anything IF you signed any falsified docuements sent to IRS

 

[PayrollHRGuy]

I just thought all of this would catch more attention -- how is it okay to change deductions on a whim... or complete an amendment on my behalf and put his own personal checking account to receive it?

it just seems extreme to me....how is this okay?

Did you expect us to deploy a SWAT Team? You replied to a post in which HRZ told you to that you could report this to the IRS.

 

[not2cleverRed]

I just thought all of this would catch more attention -- how is it okay to change deductions on a whim... or complete an amendment on my behalf and put his own personal checking account to receive it?

it just seems extreme to me....how is this okay?

Ya' know, how about you just take care of you. He didn't get the money, so have your new accountant redo your taxes and submit it yourself. Use only the deductions that you think are justifiably yours. Be truthful in your communications with the IRS.

If he wants to come after you for any refund you get back, let him take you to court. He will then have to justify his actions.

 

[Shadowbunny]

I just thought all of this would catch more attention -- how is it okay to change deductions on a whim... or complete an amendment on my behalf and put his own personal checking account to receive it?

it just seems extreme to me....how is this okay?

Did you expect us to deploy a SWAT Team? You replied to a post in which HRZ told you to that you could report this to the IRS.

PHG (Is it ok if I abbreviate your name like that?), I believe she means she thought the IRS would be more interested in this. And that was in response to HRZ's post.

 

[HRZ]

the IRS takes an interest in collecting taxes from tax cheats...and pays a modest reward for good information about cheaters ...and apparently ex spouses and lovers are a good source .

But I doubt IRS is going to expend resources over a domestic squabble.

One potential area of cheating is that if OPs lover falsely represented they were married and filed a falsified joint return so as to lower his taxes...IRS might take note of same.if reported?

But I think OP has dirty hands and she might be smarter to just move on wo comment. N

BTW I note that lover ripped off his employer to secure medical insurance for a non spouse ...he deserves the exit door for that ...as a minimum.?

 

[PayrollHRGuy]

PHG (Is it ok if I abbreviate your name like that?), I believe she means she thought the IRS would be more interested in this. And that was in response to HRZ's post.

Shadow you can call me anything you want as long as you call me for supper.

Ok did she thinks the IRS would send a SWAT Team? That said, she doesn't yet know how much attention it catch from the IRS because she hasn't yet reported it.

 

[askalaw]

So I talked to a tax laywer. He suggested I hire him for 1500. He says i have a real mess and suggested 1) he go over all of my returns to make sure they are sound. 2) He request all personal bank statements he used to substantiate MY business expenses. He has told me he won't provide those to me because it's not needed and I'm not being audited.

The lawyer said that he would want me to be able to know for sure I had statements that back up my taxes and if I didn't -- that would be a huge red flag.

He said if he doesn't reply to this request, I could sue him for fraud. Bottom line -- he was a registered agent on my business. He made business expenses on HIS personal credit card and claimed them but never gave me receipts for them.

I gently brought this up to him and asked him if I could have these bank statements. He said no. He said the fact that I'm even entertaining this bull shi* from my accountant shows I can't be trusted and he needs to lawyer up.

He also said he won't take my **** and if he feels threatened he won't stand for it and will end relationship with me forever.

My question is would you press this and ask for all the statements and hire a lawyer to obtain them if he won't cough them up? Or would you let it go and just hope you don't get audited.

Shadow you can call me anything you want as long as you call me for supper.

Ok did she thinks the IRS would send a SWAT Team? That said, she doesn't yet know how much attention it catch from the IRS because she hasn't yet reported it.

 

[LdiJ]

So I talked to a tax laywer. He suggested I hire him for 1500. He says i have a real mess and suggested 1) he go over all of my returns to make sure they are sound. 2) He request all personal bank statements he used to substantiate MY business expenses. He has told me he won't provide those to me because it's not needed and I'm not being audited.

The lawyer said that he would want me to be able to know for sure I had statements that back up my taxes and if I didn't -- that would be a huge red flag.

He said if he doesn't reply to this request, I could sue him for fraud. Bottom line -- he was a registered agent on my business. He made business expenses on HIS personal credit card and claimed them but never gave me receipts for them.

I gently brought this up to him and asked him if I could have these bank statements. He said no. He said the fact that I'm even entertaining this bull shi* from my accountant shows I can't be trusted and he needs to lawyer up.

He also said he won't take my **** and if he feels threatened he won't stand for it and will end relationship with me forever.

My question is would you press this and ask for all the statements and hire a lawyer to obtain them if he won't cough them up? Or would you let it go and just hope you don't get audited.

Ok, I think that it would be overkill at this point to retain an attorney. What you want to do is contact the IRS and get a transcript of the tax return filed, and an account transcript to show whether anything has changed from the original return.

What I believe has happened is that both of the amended returns were originally rejected because technically you cannot amend a joint return to make it two separate returns after the tax season for that tax year has ended. His accountant fought for his amended return (but couldn't fight for yours without your cooperation) and managed to convince an agent to accept it based on the annulment, but yours remained rejected because you did not follow through with it.

Technically you may not have a tax return on file for that year at all. However, get the information from the IRS and then go consult with a tax professional NOT with another tax attorney. You may end up needing the services of a tax attorney, but do not spend the money to retain one at this point.

 

[askalaw]

That's excellent advice! I didn't realize that, but that is a very good possible explanation.

My biggest fear is all of this drama is gonna make the IRS audit me. So much back and forth...

Is it too much to ask for his bank statements from this time period? He just sees alarms going off regarding this -- he thinks everyone is out to get him. And threatened to lawyer up against me and my accountant. He said why do you need this if you haven't been audited? "because you want to cause problems"

Ok, I think that it would be overkill at this point to retain an attorney. What you want to do is contact the IRS and get a transcript of the tax return filed, and an account transcript to show whether anything has changed from the original return.

What I believe has happened is that both of the amended returns were originally rejected because technically you cannot amend a joint return to make it two separate returns after the tax season for that tax year has ended. His accountant fought for his amended return (but couldn't fight for yours without your cooperation) and managed to convince an agent to accept it based on the annulment, but yours remained rejected because you did not follow through with it.

Technically you may not have a tax return on file for that year at all. However, get the information from the IRS and then go consult with a tax professional NOT with another tax attorney. You may end up needing the services of a tax attorney, but do not spend the money to retain one at this point.