Post Divorce Decree - Late Taxes Dilemma

[rdtx]

In response to the 'why didn't they get filed earlier' bit - that was just a byproduct of being worn out by my now ex's increasing inability to be accountable for anything.

BPD ring a bell with anyone out there...?

Rest assured, my 2011 info is in order and has been - hell, I should still get a couple bucks refunded.

 

[rdtx]

Back to the ORIGINAL QUESTION:

Obviously, I cannot sign her name to a Joint Return as that = Forgery.

She is MIA. So SHE will not be signing a Joint Return either.

The Decree (that I conveniently signed to expedite getting the deed to my paid for house in TX) states that I am responsible for 2011 Taxes.

I am fully aware that I will file Single for 2012.

The question(s) at hand is:

It looks as though Married Filing Separately is my only option for 2011 and while that will put me on the Dark Side of the Divorce Decree it will keep me out of any Forgery/Fraud scenarios with the IRS - correct?

Federal Tax Law supersedes Family Court - correct?

 

[Zigner]

If you file as married, filing separate, then you could be found in contempt of the decree. But, your ex would have to file that motion with the court and there would be a hearing. If it even got that far, I doubt you'd have much to worry about if you are keeping good records. Likely, the worst would be that you would be required to file an amended return...and that would be a win-win for you as you are likely better off if you file jointly.

 

[Zigner]

Federal Tax Law supersedes Family Court - correct?

That doesn't really matter, as your decree doesn't require you to file a joint return, does it?

 

[rdtx]

That doesn't really matter, as your decree doesn't require you to file a joint return, does it?

No - the verbiage 'Joint Return' is not used anywhere at any time -

Just the generic templated:

'I am responsible for all taxes up to 12/31/11...unless she didn't declare income or had bogus deductions' which to me is extremely open to debate since she has coughed up zero documentation and any $$ owed would come from her Self Employment.

I was intentionally taxed at the Single rate even when married - with an additional $50/week taken out in planning/prepping for having to offset her lack of follow through.

So I owe absolutely nothing - worst case, I would get a smaller refund for filing late.

I am Salaried/W2 with Bonuses - so all of my docs are sitting right here on my desk.

 

[TinkerBelleLuvr]

Send certified letters to the last known address on file, along with a letter to her attorney to get the informtion for the tax return. IF my memory serves me correctly, Texas is a community property state. Now, with that said, what is hers is his and what is his is hers. Filing a MFS tax return isn't as clean as just filing it with his information.

 

[rdtx]

Send certified letters to the last known address on file, along with a letter to her attorney to get the informtion for the tax return. IF my memory serves me correctly, Texas is a community property state. Now, with that said, what is hers is his and what is his is hers. Filing a MFS tax return isn't as clean as just filing it with his information.

I sent the request for all 2011 Tax Docs on 12/12/12 to her attorney - so we're closing in on 30 days and nothing has been provided.

I was able to get mine in less than 30 minutes last year - so I didn't put a time limit on the request - but she's been aware of the Decree since October since she had it created.

 

[LdiJ]

I sent the request for all 2011 Tax Docs on 12/12/12 to her attorney - so we're closing in on 30 days and nothing has been provided.

I was able to get mine in less than 30 minutes last year - so I didn't put a time limit on the request - but she's been aware of the Decree since October since she had it created.

I am going to be a bit clearer than Tink was on the issue of separate returns in a community property state.

If you file married filing separately in a community property state then 1/2 of your tax attributes must go on her return, and 1/2 of her tax attributes must go on your return. Therefore, if you were to file a return containing 100% of your tax attributes, it could eventually come back to bite you in the butt. Therefore, you really do need her tax information and need to file a joint return for 2011.

 

[rdtx]

I am going to be a bit clearer than Tink was on the issue of separate returns in a community property state.

If you file married filing separately in a community property state then 1/2 of your tax attributes must go on her return, and 1/2 of her tax attributes must go on your return. Therefore, if you were to file a return containing 100% of your tax attributes, it could eventually come back to bite you in the butt. Therefore, you really do need her tax information and need to file a joint return for 2011.

For the sake of the conversation - let's assume that she is mortified at the idea of seeing me in person/signing anything and her docs will most likely never be arriving as 5.5 years ago she walked away from a mortgage and let it go into Foreclosure - so legalities and paperwork are not a strong suit with her.

I guess it's a crap shoot of a coin toss as to which is worse -

1. She never supplies the documentation and I wait until the IRS comes knocking and take what I presume to be the worst possible asskicking - because we know in 21st Century USA - they will get you eventually - and I would guess that it would be easier to file a Lien on my property if I never do anything whatsoever.

2. I file MFS and take whatever lumps come my way via the State or the IRS and hope for the best.

My gut is voting for Option 2.

 

[LdiJ]

For the sake of the conversation - let's assume that she is mortified at the idea of seeing me in person/signing anything and her docs will most likely never be arriving as 5.5 years ago she walked away from a mortgage and let it go into Foreclosure - so legalities and paperwork are not a strong suit with her.

I guess it's a crap shoot of a coin toss as to which is worse -

1. She never supplies the documentation and I wait until the IRS comes knocking and take what I presume to be the worst possible asskicking - because we know in 21st Century USA - they will get you eventually - and I would guess that it would be easier to file a Lien on my property if I never do anything whatsoever.

2. I file MFS and take whatever lumps come my way via the State or the IRS and hope for the best.

My gut is voting for Option 2.

I understand your point. However, you are at least a year away from getting anywhere close to the IRS taking any action against you for not filing. So you do have some time to try to get her tax information. You are also (surprise, surprise) going to be able to file the return electronically if you wait a while longer.

For several years now the IRS has been telling us that they are putting together a program that will allow prior year returns to be filed electronically. They finally announced that it is beginning this year and that 2011 returns will be able to be filed electronically when electronic filing re-opens. Therefore you won't need her signature, you will only need her to provide you a pin number as her electronic signature....again, if you wait a bit.

 

[rdtx]

I understand your point. However, you are at least a year away from getting anywhere close to the IRS taking any action against you for not filing. So you do have some time to try to get her tax information. You are also (surprise, surprise) going to be able to file the return electronically if you wait a while longer.

For several years now the IRS has been telling us that they are putting together a program that will allow prior year returns to be filed electronically. They finally announced that it is beginning this year and that 2011 returns will be able to be filed electronically when electronic filing re-opens. Therefore you won't need her signature, you will only need her to provide you a pin number as her electronic signature....again, if you wait a bit.

Thanks for the info - I totally appreciate where you are coming from - it's just that she has been less than reliable for the last few years and by all accounts (I haven't seen/heard anything from her in 4 months - literally) she is in full flight from reality (according to mutual acquaintances) and off with new boyfriend.

I think in her mind, it was a done deal the minute the County Clerk stamped the Final Decree - and I just want this phase to be over - and I doubt if she would be cooperative (or ever respond) in the future.


I guess the help starts arriving after a bit of introductory hazing. LOL

 

[wavehopper27]

IT IS ORDERED AND DECREED that (ME) shall be solely responsible for all
federal income tax liabilities of the parties from the date of marriage through 12/31/2011,
and that (ME) shall timely pay 100% of any deficiencies, assessments, penalties, or
interest due thereon and shall indemnify and hold (HER) and her property harmless from
all such liabilities unless such additional tax, penalty, and/or interest resulted from a (HER)
omission of taxable income or claim of erroneous deductions.

Im not an attorney but it seems to me that her failure to provide these documents would hold her liable for any resulting interest, penalties and additional taxes according to the bolded part.

 

[Ohiogal]

IT IS ORDERED AND DECREED that (ME) shall be solely responsible for all
federal income tax liabilities of the parties from the date of marriage through 12/31/2011,
and that (ME) shall timely pay 100% of any deficiencies, assessments, penalties, or
interest due thereon and shall indemnify and hold (HER) and her property harmless from
all such liabilities unless such additional tax, penalty, and/or interest resulted from a (HER)
omission of taxable income or claim of erroneous deductions.

Im not an attorney but it seems to me that her failure to provide these documents would hold her liable for any resulting interest, penalties and additional taxes according to the bolded part.

That is only if she didn't file married filing separately for 2011. Then you get to pay whatever she owes.

 

[rdtx]

IT IS ORDERED AND DECREED that (ME) shall be solely responsible for all
federal income tax liabilities of the parties from the date of marriage through 12/31/2011,
and that (ME) shall timely pay 100% of any deficiencies, assessments, penalties, or
interest due thereon and shall indemnify and hold (HER) and her property harmless from
all such liabilities unless such additional tax, penalty, and/or interest resulted from a (HER)
omission of taxable income or claim of erroneous deductions.

Im not an attorney but it seems to me that her failure to provide these documents would hold her liable for any resulting interest, penalties and additional taxes according to the bolded part.

That was my underlying thought the whole time - that and thinking it would probably be smarter to file for 2011 ASAP no matter how it shakes out with the wording on the Decree - as the meter is running on the IRS Penalty Machine.

 

[rdtx]

That is only if she didn't file married filing separately for 2011. Then you get to pay whatever she owes.

The assumption I am currently operating under is that she won't file at all - ever - until/unless the IRS physically knocks on her door.

She walked away from a mortgage in 2006 and was Foreclosed on - she doesn't have a history of being proactive - and I am fairly certain that all this is 'out of sight/out of mind' now that the Divorce has been Finalized and Recorded.