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antmanis7 | My ex- wife and I were going to file taxes together for 06. She then filed alone and just told me.? |
She just gave back my w2 form yesterday and said she had already filed and claimed all of the deductions we had. She is a real estate agent and does not pay her taxes when they are due, I on the other hand pay taxes on every check and on top of that have paid her $65,000 in support this year. She says I now owe $14,000 to the irs. I know she lied on her return not to mention she hasn't left me much time to file on my own. what recourse do I have. Can I request an audit? |
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Casper K
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If you were separated for more than six months, then you can file as single. If there are children involved and in your custody, head of household. Oh yes, this one is fun. First off, she can only get the deductions that apply to her and her income. Is that support you paid her called alimony? If so, you are entitled to deduct it from your income and she WILL have to report it as income on hers. Ok, and for the best part. Did she file your taxes for you? How generous. Unless she did, then how would she know how much you owe? So, I do not know all of the info, but if she filed your return, does she have power of attorney to sign for you? Unless she does and did, then what she did was illegal. On your 1040 (and 8453 if efiling) it needs to be your signature or have a Power of Attorney attached to it. I would actually go ahead and file a 4868 for an extension if you need the extra time. Unfortunately, interest will start accruing, but at least there would be no penalties. You will need to report an estimated amount due, but if you use the figure she gave you, that is likely to change. I can almost guarantee, depending on which bracket you fall in, that if that was alimony, you will see your tax liability drop. There is a chance you may even end up getting a bit of bread back. Good luck! Oh yeah, as far as the audit, heck yeah! |
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bostonianinmo
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You say that she's your ex. When were you divorced? If it was prior to 12/31/06, you can't file a joint return anyway. Just file your own return since your filinng status is Single.
If your divorce was final on or after 1/1/07 you'll have to file as Married Filing Separately. But do have a look at your divorce decree first. It's not unusual for the decree to mandate a joint return and division of any refund. If that's what your decree says, contact your attorney about getting relief through the courts; she could be held in contempt for not following the decree.
If you have to file a separate return, take any deductions and exemptions that you are entitled to. Let the chips fall where they may if she claims something that she should not; that will be beween her and the IRS.
If you have evidence of fraud on her part, file Form 3949A with the IRS to report that. Here's a link: http://www.irs.gov/pub/irs-pdf/f3949a.pdf The IRS will investigate as appropriate. One warning though; keep this to anything that you have proof of and know what the facts are. The IRS takes a very dim view of false claims! |
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SG Elite
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You don't really need an audit. Your immediate task is to connect with the Tax Department and ask for extension to file your Returns. File what you have made for Year 2006 and the Tax Department will write to you should there be any discrepancies. However, you need to know that whatever you've paid on her behalf in the past is your private arrangement thus the Tax Department will not interfer. You mentioned that you've given her $65K for support, was this directed by the Court in your divorce? If not, you can't claim, again, this is private arrangement. |
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KurtLiquor
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Your W-2 should cover taxes you owe, if all you have is W-2 income. I can see why she is your ex-wife. You should be able to file single. You left out information needed for a better answer. Do you have children? pay alimony? pay for mortgage? Good Luck! |
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Random
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that's jacked up! she can only claim the deductions that apply to her. if it applies to both of you. it should be split. her income becomes hers, and yours is yours. i would contact the irs for an extension to file. |
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Judy1
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You're probably pretty well screwed if you had lots of deductions. If she itemized, you'll have to also. Plus since she filed separately, that's what you'll have to do.
You say ex-wife - if she was ex by Dec 31,2006, then you could file as single - not great, but better than married filing separately usually. At least you'd get a standard deduction.
If the support is child support you can't deduct it, but if it's alimony, you can, and she has to claim it as income. If you're paying that much support, you must have a pretty large income, so the $14K she says you owe might be the case.
You can't request an audit. You could report her to the IRS for lying, but you'd have to have more specifics than "I know she lied".
You can request an extension to file, but that doesn't extend the time to pay, so if you do, send a large check with the request to avoid penalties.
Good luck. Life just isn't always fair. |
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jpp1959
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You have two weeks to get your taxes done by a professional. Include a note about what you believe to be true. This is a case of CYA!
Do not delay.
The above answer looks to have excellent advice. |
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Amy F
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Were you married as of Dec 31st? If you were still married and not legally separated as of the end of the year you would file MFS and either take the standard deduction or itemize depending on what your ex did. If you were legally separated or divorced on Dec 31st, your filing status is single and whether or not you itemize is up to you. If you have to or choose to itemize, I would itemize only the deductions you have records of and can prove are yours. If anything overlaps her return and you can prove it is your deduction, I would not worry about it. Just be prepared to provide documentation to the IRS if requested. As far as her lying on her return, she is the one that signed it and the only one liable for it. If you want to you can report her to the IRS and they will more than likely investigate and audit her return.
How does she know what you are going to owe? Did she do your taxes too? If so, that is illegal as well. And if a preparer helped her do it, there are definitely potential legal and ethical issues there as well. |
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ifucouldbeme
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you can and i would request an audit becuase if she claimed independent then you have to claim independent hence making you not responsible for her wages or her tax dues! what i would do it request and audit and get a lawyer so he can sort away at the legalities not you, becuase it does get complicated, so do that and you'll be fine
hope this helps! |
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