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IRS -identity theft-unpaid taxes

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JuneBug76086

Junior Member
texas


Okay here's the long story short. Last year's return me and my boyfriend filed jointly. But the IRS kept my refund because I had a taxes that I owe. Which I had no idea. So what I had found out is that someone had a refund in my name for about $5000 and right now I have a balance of about $3500. I'm afraid to file next year because they will just keep my refund again and that's not right because I'm paying for someone else's wrong doing. Is there anyway you can help me ? And I'm pretty sure I know who did that return in my name
 


davew128

Senior Member
Okay here's the long story short. Last year's return me and my boyfriend filed jointly.
So you filed a fraudulent return. You know, the whole part about not being married and all.

But the IRS kept my refund because I had a taxes that I owe. Which I had no idea.
Highly unlikely you didn't know. The IRS is pretty relentless at sending balance due notices.

So what I had found out is that someone had a refund in my name for about $5000 and right now I have a balance of about $3500. I'm afraid to file next year because they will just keep my refund again and that's not right because I'm paying for someone else's wrong doing. Is there anyway you can help me ? And I'm pretty sure I know who did that return in my name
So what happened when you contacted the IRS? Because I'm pretty sure no reputable tax professional will aid someone who's still actively committing tax fraud.
 

FlyingRon

Senior Member
Someone who describes it as "me and my boyfriend" isn't likely a legal common law marriage in Texas.

The key to qualifying is that you have to describe the relationship as a marriage. Calling it "boyfriend" and just claiming to be married for tax purposes isn't going to qualify.
Cohabitation alone doesn't cut it.

Further, I'm sure in the disregarded correspondence the IRS gave them a chance to submit validity that they were really in a recognized marriage (common law or otherwise) and they blew that off.

If you really are common law married, file a declaration of marriage with your county clerk and hope that you can still fix things. Though there's not enough information provided, you've probably already waited too long.

----

However, I'm still confused over the original posting? The IRS doesn't issue refunds (even in identity theft cases) when there's an outstanding tax debt. Something is screwy in the timeline not related.
 

LdiJ

Senior Member
Someone who describes it as "me and my boyfriend" isn't likely a legal common law marriage in Texas.

The key to qualifying is that you have to describe the relationship as a marriage. Calling it "boyfriend" and just claiming to be married for tax purposes isn't going to qualify.
Cohabitation alone doesn't cut it.

Further, I'm sure in the disregarded correspondence the IRS gave them a chance to submit validity that they were really in a recognized marriage (common law or otherwise) and they blew that off.

If you really are common law married, file a declaration of marriage with your county clerk and hope that you can still fix things. Though there's not enough information provided, you've probably already waited too long.

----

However, I'm still confused over the original posting? The IRS doesn't issue refunds (even in identity theft cases) when there's an outstanding tax debt. Something is screwy in the timeline not related.
The whole thing makes perfect sense to me.

Someone does a fake return in her name for 2011 or 2012. They get a 5k refund. The IRS challenges it via CP-2000 letter, gets no response and eventually assesses the tax. Then, the OP files a return later (in this case a joint return) and the refund gets seized for the outstanding tax in her name. I see this sort of thing all the time.

Now, as to the issue of the joint return, unfortunately its quite common in TX. In TX there are two ways to be married at common law. One method is to get a certificate of common law marriage. Another way is to simply act as married. Filing a joint tax return is one of the elements of acting as married. The problem is that people have a general thought process that its legal to file a return as married in TX, even though they don't intend to act as married in any other area of life.

What the OP needs to do is file a police report for the identity theft, and then file an identity theft affidavit with the IRS. The OP can find more info here:

http://www.irs.gov/Individuals/Identity-Protection
 

FlyingRon

Senior Member
I understand how Texas common law works. However, this person does not seem to be holding themselves as married. All is fine until someone calls you on it and then the burden is on the putative couple to PROVE that marriage. The easiest way is to get a certificate which is why I suggested, but the IRS will accept other demonstration that there is indeed a common law marriage in place. The IRS even has all this information in their own manual down in the "special topics" section.

Ron "All my common law exes live in Texas. That's why I hang my hat in Tennessee."
 

LdiJ

Senior Member
I understand how Texas common law works. However, this person does not seem to be holding themselves as married. All is fine until someone calls you on it and then the burden is on the putative couple to PROVE that marriage. The easiest way is to get a certificate which is why I suggested, but the IRS will accept other demonstration that there is indeed a common law marriage in place. The IRS even has all this information in their own manual down in the "special topics" section.

Ron "All my common law exes live in Texas. That's why I hang my hat in Tennessee."
I don't disagree. However, the issue at this time is not the fact that they filed married filing jointly. The IRS has not challenged them on that and its unlikely that they will at this point. The issue is the identity theft.
 

davew128

Senior Member
I don't disagree. However, the issue at this time is not the fact that they filed married filing jointly. The IRS has not challenged them on that and its unlikely that they will at this point. The issue is the identity theft.
Whether the IRS challenged them or not, if they don't have a common law marriage then they filed a fraudulent return ON TOP OF the identity theft.
 

justalayman

Senior Member
Texas...common law marriage. The IRS recognizes common law marriage in those states where its legal.
but OP said boyfriend. Part of the common law marriage in Texas is that you hold yourself out to be married to others. She has not done so here.
 

justalayman

Senior Member
Another way is to simply act as married. Filing a joint tax return is one of the elements of acting as married. The problem is that people have a general thought process that its legal to file a return as married in TX, even though they don't intend to act as married in any other area of life.

but that means they are not married and the return is fraudulent in claiming they are married.
 

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