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$100,000 and pay 36,000 of that in income tax? |
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Married filing separate and joint? |
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Peggy H | Where do I stand with the IRS? |
While looking through past divorce records, I found that on his 2003 and 2004 tax forms, my exhusband claimed that he paid me alimony for those years. I never received any alimony and was never awarded alimony in the divorce. He said it was a mistake and that he corrected it, but I have never seen any documents stating the corrections. How can I go about getting proof that the "mistake" was corrected? Where do I stand with the IRS? |
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Sergio
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report Him go to your local irs federal office and report him from fraud they would stablish a Audotory atlest 3yrs behind and he has to prove all that he said when he claims his taxes and if he don't have anything that mostly normally everyone don't have would be penalize with a fee, and problaby jail
good luck |
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ninasgramma
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If you want proof, ask him to show you the amended returns or letters from the IRS requiring him to pay back the reduction in taxes he got from taking the deduction for alimony.
The IRS may contact him regarding the alimony, since you never declared it on your tax return. There is nothing to be gained by going to the IRS, since they will not tell you whether he corrected this or not.
If they contact him, and he can show that he paid you alimony, you will have to amend your returns and add the payments to your income. |
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MukatA
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If you go to IRS now and your ex-husband did not file corrected returns, the IRS will require you to prove that you did not receive alimony.
If IRS contacts you, without your going to IRS, then again they will require you to prove this.
So collect records to show that you did not get alimony.
Here are the Alimony requirements.
*A payment to or for a spouse under a divorce or separation instrument is alimony if the spouses do not file a joint return with each other and all the following requirements are met.
(a) The payment is in cash.
(b) The instrument does not designate the payment as not alimony.
(c) The spouses are not members of the same household at the time the payments are made. This requirement applies only if the spouses are legally separated under a decree of divorce or separate maintenance.
(d) There is no liability to make any payment (in cash or property) after the death of the recipient spouse.
(e) The payment is not treated as child support. |
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john s
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contact a tax lawyer |
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Gary
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Paying alimony to a person is a tax deduction. The person receiving the alimony has to report it as income. In fact, when the person who pays the alimony they have to indicate on the tax return the name of the receiptent and their Social Security Account Number. If your husband corrected it then ask to see the Amended forms for those years. If not, then you may have to see a tax pro or a tax attorney. |
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r_kav
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If you want to get your ex in trouble, report this to the IRS.
Otherwise, do nothing. You are not required to prove that you did not receive it. (It is not possible to prove a negative.) If questioned by the IRS, just tell them you did not receive it, and they will then require him to prove it happened. |
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lwochang
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Be sure to clear things up with the IRS just in case. Don't listen to anyone telling you not to go to the IRS. Even though I didn't owe taxes over the last 12 years, I still filed because it's the law. Even if you don't owe, and they audit you and you have an incorrect return, they'll fine you. They don't care about your story or about your ex-husband save to use his return to catch you. Just get right with the IRS and make sure that you're being honest. If they catch you lying... you will get an even bigger fine. |
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chilicooker_mkb
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You are just fine. He's the one that falsified records. If he owes you money, get an attorney and pursue it. If not, file your taxes as usual. |
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