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found out husband forged my signatures on returns



snowball
GuGee Since: 2007-04-03
GuG-Points: 3
Last Seen: 04/03/2007 - 8:52pm
Location: Oklahoma
Submitted by snowball on April 3, 2007 - 8:12pm.

Hello,

I have no idea about how tax returns work. Im from England but now living in the US.
Since I have been married and living in the US, my husband kept all the taxes secret from me and never shown me the papers.
Since we have separated and seeking a divorce from him, I have since found out from my lawyers that I should have signed all the joint tax returns that he submitted.

SO what do I need to do now?
I don't have any paperwork regarding the taxes or even my W2's from our corporate business. He keeps all paperwork and accounts at the business, where now I cannot retrieve.
Do I need accounts or something to file my tax return with?
Do I inform the IRS about the forged signatures?
How do I file for myself and my son now?
I currently don't have an income, I did have an income for a few months, most of my work at the business was unpaid (he didn't want me to have any money).
Please could someone help me, as I don't want to get into trouble with the IRS and I don't want him to forge my signatures anymore.

Thank you for any help

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LynnH
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Re: found out husband forged my signatures on returns
April 4, 2007 - 9:19am

Please note that all information provided is not to be considered as tax advice. Always check with a Tax Professional!

 

 

snowball,

You've received some very good and sound advice from elleohelle. You will most likely need a tax attorney if your divorce attorney does not wish to handle this aspect for you. And I'll bet they won't.

Yes, you should have signed these returns, but it does happen to a lot of people for various reasons.

You are entitled to copies of these returns by law. To the best of my knowledge, though, you are still responsible for those returns, even if you never laid eyes on them. What you hear next from me is only a (let's say a precursor) to what may happen once you have your copies. It doesn't mean it will happen in your circumstance, but there is the possibility and I want to emphasize the importance of having a lawyer where mutually owned businesses are a factor.

I am telling you this because I had a client who owned the business and her husband ran the business, cooked the books, and is now over $50,000 in debt for back taxes to the IRS. She never signed any returns either. She let him take care of her business.

What did the IRS have to say about this? She is still liable at this point and she has taken on that responsibility in trying to clear up all the mess. But, I do believe she would have another avenue to take through the IRS had she wanted to as an innocent spouse for relief.

 

Here is an excerpt from the IRS website with a link that you might want to look into, especially, if you are having any financial difficulty. It doesn't hurt to contact them and get their opinion. It is available to individuals as well as businesses.

 

WHO MAY USE THE TAXPAYER ADVOCATE SERVICE?
 

The Taxpayer Advocate Service is an independent organization within the IRS whose employees assist taxpayers who are experiencing economic harm, who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an IRS system or procedure is not working as it should. You may be eligible for Taxpayer Advocate Service assistance if:

  • You are experiencing economic harm or significant cost (including fees for professional representation),
  • You have experienced a delay of more than 30 days to resolve your tax issue, or
  • You have not received a response or resolution to the problem by the date that was promised by the IRS.

The service is free, confidential, tailored to meet your needs, and is available for businesses as well as individuals. There is at least one Local Taxpayer Advocate in each state, as well as in Puerto Rico and the District of Columbia. Because they are part of the IRS, Advocates know the tax system and how to navigate it. If you qualify, you will receive personalized service from a knowledgeable Advocate who will:

  • Listen to your situation,
  • Help you understand what needs to be done to resolve it, and
  • Stay with you every step of the way until your problem is resolved.

Contact the Taxpayer Advocate Service.

 

And I am also quoting another excerpt from the IRS website that may be of help to you.

 

WHAT INFORMATION SHOULD I PROVIDE TO THE TAXPAYER ADVOCATE?
 
  • Your name, address, and social security number (or employer identification number),
  • Your telephone number and hours you can be reached,
  • Your previous attempts to solve the problem, and the office you contacted,
  • The type of tax return and year(s) involved, and
  • Description of the problem or hardship (if applicable).

If you want to authorize another person to discuss the matter or to receive information about your case, download Form 2848 , Power of Attorney and Declaration of Representative. You may also download Form 2848 Instructions . Or, you may use Form 8821 , Tax Information Authorization if you want another person to receive information about your case but not represent you. If you are unable to download and print these documents, you can get them at most local IRS offices or by calling the IRS forms-only number, 1-800-829-3676

 

 

And here is another link for you that you may need or just want to look at: Tax Information for Innocent Spouses which includes this:

Q30. My spouse forged my signature to a joint return. Am I eligible for innocent spouse relief? Should I file Form 8857?
A30. You may be eligible for relief, but relief does not fall under the innocent spouse rules. If you can establish your signature was forged, and there was not tacit (implied) consent, the joint election is invalid and you will only be liable for your separate tax liability.

 

And here is a Search I did at the IRS website on forged signatures. You may browse through those.

Just a few items here to get you some ideas. Best bet for you is a lawyer. It is also important to know and keep in the back of your mind, that you should be cautious regarding your present and past tax returns. Many times a spouse will forge the signature because they really don't want the other spouse to know that they've done something (probably illegal). And on the other hand, some spouses do this as a regular practice and nothing is underhanded, it's just a mutually agreed upon system for ease.

Becoming familiar by researching these topics is a wise step so that you can keep up with the lawyer, understand him, be able to ask questions and most importantly, to protect yourself.  Best wishes.

Lynn 

 

 

 

If I was standing on a fish, I'd slip and fall......



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elleoelle
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GuGee Since: 24-Mar-2007
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Re: found out husband forged my signatures on returns
April 4, 2007 - 6:43am

The laws vary from state to state, so what I would immediately do is call your attorney about it. From my knowledge, your estranged husband is legally obligated to provide you with all the paperwork you need to file taxes.

As far as forging your sig - did you ever sign anything giving him power of attorney? Again, depending on state law, he might legally be able to sign your name.

I'm not a lawyer or CPA, just speaking from experience, so don't take this as legal advice. That's what you have attorneys for. They're there to advise you.



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