Please help me! My ex filed tax forging my signature

[novedsac 355]

File an amended return for tax year 2013. Filled married but separated. It will start changing all the numbers for him as well as you. (If you are married 31-Dec-13 then on the form you would be married)

"You should file an amended tax return if you need to correct any piece of information that will alter your tax calculations". Just inform him you have filed a 1040X

The problem with this is that one cannot amend a tax return which changes the filing status from MFJ to MFS after the original tax deadline (extensions are not permitted in this case).

One could change status from MFS to MFJ, but not the other way around after the original tax deadline.

Since the original tax deadline for the 2013 tax year was April 15, 2014, that option has come and gone.

Sorry

[Eric-Pris 1,602]

I have been preparing tax returns for about 15 years. I have never seen this situation personally, but I have seen a similar situation, where the same SS# is used as a dependent on 2 tax returns. When the same dependent is claimed on 2 or more returns, the first return gets accepted and all subsequent electronic returns are automatically rejected by the system. If a person files a paper return, and includes a dependent that has been claimed before, it triggers an IRS investigation. Both parties who claimed the dependent must provide proof that they have the right to claim him/her.

I know this is different but I think it would be handled similarly, they would ask for explanations from both parties as to why they filed the way they did. I have a hard time believing that they would send the spouse a letter stating SHE owes joint money even though she filed as MSF. What I believe the letter is is a notice of an investigation. They are saying you have been included on a joint return and the balance due is $3000. Are you sure it says that they are looking for you to pay it? According to the timeline from your posts, you filed first. His return should have raised a red flag and triggered an investigation.

Would you mind uploading he letter, with personal info deleted? It's hard to be confident in helping without all the details.

Amended return is not the answer, she already filed MFS.

Edited May 11, 2014 by Eric-Pris

[Avery Cates 1,141]

I have been preparing tax returns for about 15 years. I have never seen this situation personally, but I have seen a similar situation, where the same SS# is used as a dependent on 2 tax returns. When the same dependent is claimed on 2 or more returns, the first return gets accepted and all subsequent electronic returns are automatically rejected by the system. If a person files a paper return, and includes a dependent that has been claimed before, it triggers an IRS investigation. Both parties who claimed the dependent must provide proof that they have the right to claim him/her.

I know this is different but I think it would be handled similarly, they would ask for explanations from both parties as to why they filed the way they did. I have a hard time believing that they would send the spouse a letter stating SHE owes joint money even though she filed as MSF. What I believe the letter is is a notice of an investigation. They are saying you have been included on a joint return and the balance due is $3000. Are you sure it says that they are looking for you to pay it? According to the timeline from your posts, you filed first. His return should have raised a red flag and triggered an investigation.

Would you mind uploading he letter, with personal info deleted? It's hard to be confident in helping without all the details.

Amended return is not the answer, she already filed MFS.

Seeing the letter would definitely help.

[user19000 18]

I don't have a cell phone or a camera to make a digital copy of the letter to upload here for you to look at (I could borrow my landlady's scanner but then the scanned copy would be saved on her computer first). I spent over an hour typing it out on my tablet then accidentally tapped some button and it was all gone.

The letter is 10 pages. I'm going to type down the first page again, which I think to be the most important part:

IRS Department of Treasury In reply refer to: #########

Internal Revenue Service May 07, 2014 #####

1040 Waverly Ave ######### (my SSN)

Holtsville NY 11742

##### (My name)

#### (My address)

Taxpaper Identification number : ##### (my SSN)

Tax Period: December 31, 2013

Form: 1040

Dear Taxpayer:

Our records show that you filed two tax returns for the tax period ending Dec. 31, 2013. We received one of them on Apr. 03, 2014, reporting $.00 tax. We received the other on Apr. 07, 2014, reporting $3,919.00 tax.

The return filed on Apr. 03, 2014, was submitted as Married filing separately and the return filed on Apr. 07, 2014 was submitted as Married Filing Jointly return. Please let us know your correct filing status and if you filed both returns. If there is a refund due, it will be held until resolution of this matter.

To help us process you return correctly, check on of the following reasons for filing a second return and give any other information that may be helpful.

.......

(The letter goes on until the 10th page)

I was freaking out not because of the tax amount(I didn't make any money so it's impossible I owe the IRS any) but because somebody had filed under my name.

When I had my tax return done in March, the tax preparer asked me to make sure that my ex husband hadn't filed as married filing jointly. I assured him that my ex would have never done that. I could never think he would ever do it.

My ex husband never missed any chance to cheat on taxes but as far as I knew he did it in a very sophisticated way, always had evidence to back up. He was always paranoid about getting caught too. He didn't even let me contact the IRS for a copy of the tax return we filed jointly for the tax year 2012, lest that would alert them and he might get audited. Therefore, for a person like him, I thought, to fraudulently file jointly was absolutely unlikely.

But I underestimated my ex husband. As he confirmed yesterday, he did single-handedly file jointly. And now he's going to cook up a story to serve the IRS that I had agreed for him to file jointly with me so he would get more money back.

Now looking back, I'm scared because I had seen him getting away with his lies.

In 2012 he broke my knee in a domestic violence incident. I needed a surgery to remove the torn cartilage. For the whole time I was in the doctor's office, my then husband never left me alone, lest I would tell the doctor the real cause of the injury. His excuse was I didn't speak English (well, I did, and I still do) and he needed to be there to interpret. He was the only one who did all the talking and he told the doctor I broke my knee playing with his niece, who was 2.5 years old. He said that he had warned me not to pick her up and spin her but I didn't listen and that was how it happened. That went down on my medical records.

In February 2013, he took all my personal documents, including my passport, my conditional green card to his parents' house and kept them there. He held a gun to my head and demanded me to call the police. I did with his home phone. When the police came, he welcomed them on the porch with a big smile. The gun had been put away. They talked to him there for a long time. Then one of the officers came in and asked me a few questions. I told them the story. They said as my ex husband was not holding a gun at the moment and as there was no open wound or bruise on my body there was no evidence. As for my papers, he told them he didn't have them and had no idea where they were. They couldn't search his house or his parents' house for them.

The police left and my husband smirked, "See? They don't give a shitt. I could kill you and dump the body in the compost box and nobody would find out. If the neighbors asked i would just tell them you left."

Those who have never gone through what I did might tell me I'm just being paranoid this time but I don't believe in justice any more. I try to do the right thing because if I do the wrong thing I can't sleep and the worry of getting caught will kill me. I've lost faith in the legal system. Lawyers are not a solution for me, because my ex husband can always afford a better one.

I just wish I could change my SSN and become non-existent to him. Sometimes I think I will get some years of peace after he dies because he's 10 senior. But then it dawns on me that cancer might claim me before he kicks the bucket.

a

Edited May 11, 2014 by user19000

[amuna0526 11]

User19000,

I am extremely sorry that you went through all this with your ex. He is a bully that thinks he can get away with just about anything and everything with his bogus stories. You should be careful. You should contact the IRS ASAP. you shouldn't have contacted him, as he already fabricated a story right there. Stand up for yourself.

[novedsac 355]

Thanks for providing the information from the IRS letter. It makes things a little more clear.

It only states that the tax on the 2013 joint return this $3919 - it does not say whether this tax remains to be paid or has been overpaid (with a potential refund).

It is also not a request for payment.

It is a request by the IRS to explain why two tax returns were filed under your Social Security number, each with a different filing status. By their very own statement, your MFS return was filed and accepted first.

I would just clarify with the IRS that you filed an MFS return and had no participation in or knowledge of the MFJ return. Furthermore, you have no intention of participating in any MFJ return with your ex-spouse.

Also, please, fill out the Innocent Spouse Relief form and file that as well. It is in your own best interest to protect yourself from any further liabilities.

But you don't need to stress out over this, it really is a very simple thing. You're not being held liable for any tax due. Simply explain to the IRS, as they have already requested, what you have explained here and everything will be fine.

Good luck.

[novedsac 355]

[quote name="user19000" post="7001796" timestamp="

He didn't even let me contact the IRS for a copy of the tax return we filed jointly for the tax year 2012, lest that would alert them and he might get audited.

But I underestimated my ex husband. As he confirmed yesterday, he did single-handedly file jointly. And now he's going to cook up a story to serve the IRS that I had agreed for him to file jointly with me so he would get more money

a

I am terribly sorry to hear about the story of abuse you have gone through.

But for the topic at hand, namely your tax liability for 2013, you really do not have nothing to worry about.

The IRS isn't going to care anything about the abuse. Your MFS return was filed before the MFJ return and if you confirm that that was your intention with the IRS then that is the end of the story with you and the IRS. IRS will then notify your ex-husband that the MFJ return the file is not valid and will instruct him to file an MFS return. Then, tax liabilities for his 2013 income, become his problem and his problem alone. Any agreement you made with your ex-husband, whether it was verbal, a nod of the head, or even a written agreement none of that matters squat. The IRS never recognizes any sort of agreements people make on filing status or even, in the case of children, who gets to use the dependence on any given year. With the IRS, it is first come first serve and you have the first serving here.

Also, in regard to 2012 return, you do not need your ex-husband's permission to request a transcript of any tax return for which you filed. If you filed a joint return of any given year, and all you need to do is request a copy of that return from the IRS. You understand? You are entitled to any MFJ return with your name on it or any MFS, HOH or S which you have filed.

Also, requesting a tax transcript is not going to trigger an audit.

[belinda63 2,981]

All you need to do is send a letter to the IRS stating you are filing as married filing separately. No more action is required on your part. The letter will have your signature which will be something your ex-spouse does not have.

[novedsac 355]

All you need to do is send a letter to the IRS stating you are filing as married filing separately. No more action is required on your part. The letter will have your signature which will be something your ex-spouse does not have.

Correct, true, it is really this simple.

However, as I've repeatedly recommended, it is still wise to file Innocent Spouse Relief. From what the OP has said, it sounds like ex may have the resources and the motive shake up more trouble if he wishes. The IRS form for this is very simple and very easy better to be proactive.

[Eric-Pris 1,602]

As for the IRS letter... it's exactly what I thought it was. It's a letter asking you to explain why your SS# came up in 2 different returns, with 2 different filing statuses.

Respond to the letter. You can call the 800 number and one of the options is something like "If you received a letter from the IRS, press X" That's what you need to do. Or if there's a local IRS office near by, you can go in person.

You should NOT file an Injured Spouse form (IRS form 8379) since the MFJ filing was illegal/forged. Treat it as if it never happened. By filing that form, you are acknowledging the joint return filing. Make sure you follow through with the IRS regarding the fraudulent MFJ filing by your husband.

As long as you're at it, you may want to report his tax fraud (writing off equipment he buys for personal use and for family as a business expense). Since you probably have no proof, nothing will happen to him, but at least they will make him sweat at little.

Edited May 12, 2014 by Eric-Pris

[user19000 18]

@Eric-Pris: I do have proof of his tax fraud but I don't want to open a can of worms. He would never let me get away with that.

@Everybody: Thank you so much for your concern and advice.

I've drafted this letter to the IRS. Please pay it a look and tell me if there're any corrections or changes need to be done. I'm not confident about my English.

XXXXXX (My name)

####### (My address)

#######, CA #####

May 12, 2014

Department of the Treasury

Internal Revenue Service 1040 Waverly Ave

Holtsville NY 11742

Taxpayer: ######## (My name)

Tax Identification Number: ######## (My SSN)

Tax Form: Form 1040

Tax Period: Year Ending December 31, 2013

Ref: Letter Number: #######

Letter Date: 2014-05-07

To Whom it may concern,

I have received the letter from you concerning my tax returns for the tax year ending Dec. 31, 2013.

Your notice indicated that I filed two tax returns within the period of April 023, 2014- April 07, 2014, with different filing statuses: the first one was filed as Married Filing Separately, reporting $.00 tax and the second one was filed as Married Filing Jointly, reporting $3,919 tax.

I would like to provide the following explanation:

On March 31, 2014 I mailed my tax return to:

Department of the Treasury
Internal Revenue Service
Fresno, CA 93888

The return was submitted as Married Filing Separately.

I am very confused as to why there is the return filed on April 07, 2014. I was legally separated from my then husband, Mr. Edwin #####, since month/ date/ 2013 and moved out of the marital home at ##### (address), PA on that very same day. On month/ date/ 2013 I moved to California and have never been back to Pennsylvania since. Due to the abuse I had suffered from Mr. ### during the marriage and the hostile nature of our relationship after the divorce complaint was filed, I hardly ever contacted Mr. #### except for the one or two very brief email messages concerning our going-on divorce.

I never filed jointly with anybody for the tax period ending Dec. 31, 2013. Nor did I give anybody my permission to do that. Nobody had ever discussed that with me either.

So, please accept this explanation from me and release me from any responsibility for the return filed on April 07, 2014, whether it was a system error on your part or a fraudulent act committed by a third party.

I hereby enclose a copy of my California ID card as a proof of my current address and a copy of the divorce complaint and divorce decree as the proof of my ended marriage with Mr. ####

Thank you.

Yours sincerely,

########## (My name)

[novedsac 355]

Based on what OP has stated, I don't see how Injured Spouse Allocation (IRS Form 8379) would apply here.

Innocent Spouse Relief (IRS Form 8857) would afford her the protection she needs. I don't necessarily believe that submitting the form proactively would be an implicit acknowledgement of a valid joint return. However, it probably wouldn't hurt to wait a short while until the OP gets confirmation that the MFS return is being accepted and the MFJ return is not.

Reporting tax fraud for previous years opens up a can of worms OP may not want to deal with. For example, Form 8379 wouldn't apply to her because she was obviously aware of the fraud. Therefore, the only recourse she would have would be Form 8355, but again, if she's reporting the fraud then IRS would assume she was aware of the fraud at the time she filed the joint return. I think it's gonna get much too complicated for the OP who already seems quite bewildered with the IRS as it is.

[novedsac 355]

@Eric-Pris: I do have proof of his tax fraud but I don't want to open a can of worms. He would never let me get away with that.

@Everybody: Thank you so much for your concern and advice.

I've drafted this letter to the IRS. Please pay it a look and tell me if there're any corrections or changes need to be done. I'm not confident about my English.

XXXXXX (My name)

####### (My address)

#######, CA #####

May 12, 2014

Department of the Treasury

Internal Revenue Service 1040 Waverly Ave

Holtsville NY 11742

Taxpayer: ######## (My name)

Tax Identification Number: ######## (My SSN)

Tax Form: Form 1040

Tax Period: Year Ending December 31, 2013

Ref: Letter Number: #######

Letter Date: 2014-05-07

To Whom it may concern,

I have received the letter from you concerning my tax returns for the tax year ending Dec. 31, 2013.

Your notice indicated that IRS has received two tax returns for the 2013 tax year, both with my social security number. One I filed two tax returns within the period onf April 023, 2014 which I filed as a MFS return. - On April 07, 2014, with different filing statuses: the first one was filed as Married Filing Separately, reporting $.00 tax and the a second one return was was filed as Married Filing Jointly, reporting $3,919 tax.

I would like to provide the following explanation:

On March 31, 2014 I mailed my tax return to:

Department of the Treasury

Internal Revenue Service

Fresno, CA 93888

The return was submitted as Married Filing Separately.

I am very confused as to why there is the return filed on April 07, 2014. I was legally separated from my then husband, Mr. Edwin #####, since month/ date/ 2013 and moved out of the marital home at ##### (address), PA on that very same day. On month/ date/ 2013 I moved to California and have never been back to Pennsylvania since. Due to the abuse I had suffered from Mr. ### during the marriage and the hostile nature of our relationship after the divorce complaint was filed, I hardly ever contacted Mr. #### except for the one or two very brief email messages concerning our going-on divorce.

I never filed jointly with anybody for the tax period ending Dec. 31, 2013. Nor did I give anybody my permission to do that. Nobody had ever discussed that with me either. Furthermore, I have no intention of filing a joint return with Mr. XXXX for the 2013 tax year.

So, please accept this explanation from me and release me from any responsibility for the return filed on April 07, 2014, whether it was a system error on your part or a fraudulent act committed by a third party.

I hereby enclose a copy of my California ID card as a proof of my current address and a copy of the divorce complaint and divorce decree as the proof of my ended marriage with Mr. ####.

Thank you.

Yours sincerely,

########## (My name)

Looks okay … some minor suggestions noted.

Perhaps, after your "So, please accept … " paragraph, you could also request the IRS notify you as soon as possible that they have accepted your MFS return as your properly filed tax return for 2013.

Good luck.

[christeen 966]

I would specifically say "permission, either written or verbal was never given to mr. ### to file a joint return on my behalf" "it was alway my intention to file MFS as is evidenced by the return filed by myself on ###" the rest will do..

[user19000 18]

Thank you everyone for your invaluable ideas and advice.

I've mailed my letter together with the supporting documents to the IRS. I will go to a local office tomorrow.

Special thanks to Novedsac, N-o-l-a, Sophialsabella, Belinda63, and Christeen for your greatest help!

Edited May 13, 2014 by user19000