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Innocent spouse relief and tax fraud by ex

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Midwest1

Junior Member
What is the name of your state (only U.S. law)? Missouri

Recently I received a letter from the IRS indicating that myself and my ex-spouse owed approximately $2,000 for a tax year filing from a couple of years ago for under reporting of taxable income. We divorced last year, 2011. My ex-spouse always completed all of our joint tax returns during our 20 year marriage. He also had full (and sole) control over our joint bank account and paid the bills, managed the balance and completely directed when, how and where all money was spent. Both he and I worked full time and deposited into the joint account.

I contacted the IRS and requested the “innocent spouse” form and information relating to qualification. I also requested the last 3 years of our joint tax filings that occurred during the last 3 years of our marriage since I had never seen these before. Much to my great amazement I noticed fraudulent personal and business exemptions that he had listed over the 3 returns totaling approximately $150,000! I know these were fraudulent and not actual due to my first-hand knowledge of the business expenses as well the listings of bogus personal medical expenses and charitable contributions.

Therefore, I have two questions:

1) Should I file the “innocent spouse” relief form? I was completely unaware of anything on the joint filings since he alone completed them every year and electronically signed my name each year but I am afraid to still be held responsible due to my oversight and misguided trust in my ex-spouse. I know now in hindsight this was a tremendous mistake on my part.

2) Should I contact the IRS criminal investigators regarding the very large fraudulent exemptions he claimed for the 3 years (and I am almost certain he would have done these similar claims on previous tax filings for previous years as well)? Once again, I am quite nervous that I will somehow be implicated due to the joint filings but I DID NOT have any knowledge of what he was listing as exemptions whatsoever. He did all the taxes and signed my name electronically and I never reviewed them. I do not know how I can prove he electronically signed my name each tax filing. I believe he did this quite purposely since he knew I would never agree to the fraud or any illegal activity. He had done this type of activity years earlier when he filed a greatly exaggerated insurance loss claim and attempted to get me to sign it. I refused and behind my back he turned it in for payment. He has a very long history of minor criminal activities and ongoing serious and highly questionable financial investment scams and default civil judgments against him.

Any advice and suggestions you can lend are greatly appreciated.
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? Missouri

Recently I received a letter from the IRS indicating that myself and my ex-spouse owed approximately $2,000 for a tax year filing from a couple of years ago for under reporting of taxable income. We divorced last year, 2011. My ex-spouse always completed all of our joint tax returns during our 20 year marriage. He also had full (and sole) control over our joint bank account and paid the bills, managed the balance and completely directed when, how and where all money was spent. Both he and I worked full time and deposited into the joint account.

I contacted the IRS and requested the “innocent spouse” form and information relating to qualification. I also requested the last 3 years of our joint tax filings that occurred during the last 3 years of our marriage since I had never seen these before. Much to my great amazement I noticed fraudulent personal and business exemptions that he had listed over the 3 returns totaling approximately $150,000! I know these were fraudulent and not actual due to my first-hand knowledge of the business expenses as well the listings of bogus personal medical expenses and charitable contributions.
Therefore, I have two questions:

1) Should I file the “innocent spouse” relief form? I was completely unaware of anything on the joint filings since he alone completed them every year and electronically signed my name each year but I am afraid to still be held responsible due to my oversight and misguided trust in my ex-spouse. I know now in hindsight this was a tremendous mistake on my part.

2) Should I contact the IRS criminal investigators regarding the very large fraudulent exemptions he claimed for the 3 years (and I am almost certain he would have done these similar claims on previous tax filings for previous years as well)? Once again, I am quite nervous that I will somehow be implicated due to the joint filings but I DID NOT have any knowledge of what he was listing as exemptions whatsoever. He did all the taxes and signed my name electronically and I never reviewed them. I do not know how I can prove he electronically signed my name each tax filing. I believe he did this quite purposely since he knew I would never agree to the fraud or any illegal activity. He had done this type of activity years earlier when he filed a greatly exaggerated insurance loss claim and attempted to get me to sign it. I refused and behind my back he turned it in for payment. He has a very long history of minor criminal activities and ongoing serious and highly questionable financial investment scams and default civil judgments against him.

Any advice and suggestions you can lend are greatly appreciated.
You can try filing the innocent spouse form for the year the letter referred to, but otherwise, you are probably safer doing nothing. The odds are not great that the IRS is going to give you innocent spouse relief at all, and therefore the last thing you want to do is raise any ruckus about the other tax returns.
 
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OHRoadwarrior

Senior Member
Legally, you are on the hook for accepting/authorizing your agreement the return was legitimate. You are not an innocent spouse, you are culpable in the fraud. I suggest you shut up and pay the money, to avoid further perusal of the return you failed to verify the amounts on.
 

tranquility

Senior Member
I agree with the others. If a quick scan of prior years returns can show the OP some deductions are illegitimate, she had enough knowledge to know the same things when the return was filed. It's great to try to put the screws to those we dislike, but I think this could be a problem if expanded.
 

davew128

Senior Member
Legally, you are on the hook for accepting/authorizing your agreement the return was legitimate. You are not an innocent spouse, you are culpable in the fraud. I suggest you shut up and pay the money, to avoid further perusal of the return you failed to verify the amounts on.
This is based on your expert tax knowledge regarding innocent spouse rules, right? :rolleyes:

I will disagree with other responses, in that if the OP did not sign the return or however it is done when it is self prepared for e-file, then then she didn't consent to the return. That said, the IRS doesn't and shouldn't simply concede on this issue and a lot more than mere statements will be needed.
 

tranquility

Senior Member
I missed the she didn't sign part. If she didn't agree to the e-signature, I believe it could be a felony for ex to sign her name.
 

OHRoadwarrior

Senior Member
This is based on your expert tax knowledge regarding innocent spouse rules, right? :rolleyes:

I will disagree with other responses, in that if the OP did not sign the return or however it is done when it is self prepared for e-file, then then she didn't consent to the return. That said, the IRS doesn't and shouldn't simply concede on this issue and a lot more than mere statements will be needed.
of anything on the joint filings since he alone completed them every year and electronically signed my name each year but I am afraid to still be held responsible due to my oversight and misguided trust in my ex-spouse.
So OP is going to tell the IRS she never authorized the electronic signature for the return and just thought she never filed taxes for 3 years? Yeah, I think that will fly all the way to club fed.

I suggest dave128 read the section under "Actual knowledge or reason to know" when filing for innocent spouse.
http://www.irs.gov/pub/irs-pdf/p971.pdf
 

LdiJ

Senior Member
I missed the she didn't sign part. If she didn't agree to the e-signature, I believe it could be a felony for ex to sign her name.
The problem is that they have been married for 20 years and this has been their practise as a married couple. I think that it would be difficult for her to prove that she did not approve the electronic filing. Not impossible, but difficult. I could see it going either way...and that is the reason why I think its risky to take anything any further than the year that is currently in question.
 

davew128

Senior Member
So OP is going to tell the IRS she never authorized the electronic signature for the return and just thought she never filed taxes for 3 years? Yeah, I think that will fly all the way to club fed.

I suggest dave128 read the section under "Actual knowledge or reason to know" when filing for innocent spouse.
http://www.irs.gov/pub/irs-pdf/p971.pdf
I've USED it for clients. Anything else or do you want me to start citing cases? It also requires that she signed the return. OP didn't :rolleyes:
 

davew128

Senior Member
The problem is that they have been married for 20 years and this has been their practise as a married couple.
Its not a legal practice. If these were paper returns, it would be very easy to figure out if she signed it or not.
 

LdiJ

Senior Member
Its not a legal practice. If these were paper returns, it would be very easy to figure out if she signed it or not.
She stated that they were efiled.

I was completely unaware of anything on the joint filings since he alone completed them every year and electronically signed my name each year
 

davew128

Senior Member
She stated that they were efiled.
I understand that. I was speaking hypothetically as an analogy. A paper return would be easy to determine if she signed it. With a self prepared e-file return, lots harder because it uses the PIN method and the circumstantial evidence needs to be much more compelling.
 

OHRoadwarrior

Senior Member
Its not a legal practice. If these were paper returns, it would be very easy to figure out if she signed it or not.
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.
 
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