Hi, My name is Fran and I think my wife has violated tax law. I need some help on what to do.
Last year I made a much larger income than she did and we are in the process of a divorce. We were together for all of 2007 and separated 12/28/07. I think that she filed separatly for last year and told me that we were going to file together. I need to know what I can do. I claimed married 6 for the whole year and fear that I will be hit with a large tax burdon. Is there anything that I can do?
Innocent spouce tax question
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VinnyZ
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Re: Innocent spouce tax question
Wrong forum....but.....
This situation does not qualify under the "Innocent Spouse" rules.
It is her right to file separately. If she does not want to file a joint return with you, there is nothing you can do except file a separate return of your own. If you owe, then you owe.
When you said "last year", did you mean 2006? Did you or did you not file an 2006 return?
And....what tax law did she violate?
This situation does not qualify under the "Innocent Spouse" rules.
It is her right to file separately. If she does not want to file a joint return with you, there is nothing you can do except file a separate return of your own. If you owe, then you owe.
When you said "last year", did you mean 2006? Did you or did you not file an 2006 return?
And....what tax law did she violate?
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Gregg
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Re: Innocent spouce tax question
As an aside, I would also mention that if either of you itemizes, in most cases the other must also itemize when married filing seperately. Further, I only added the qualifier "in most cases" because I'm not suggesting it's not possible to do otherwise, although I can think of no way to do it.
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triumphguy
Re: Innocent spouce tax question
Fran,
Depending upon what state you are in, if her election to file married/separately results in you paying more taxes than you would have, if she had agreed to file married/joint, you may be able to recover those extra costs through the divorce action. I know this to be the case in California; don't know about other states. This is something your divorce lawyer should address.
Good luck,
Patrick Cherry
Ventura, CA
Depending upon what state you are in, if her election to file married/separately results in you paying more taxes than you would have, if she had agreed to file married/joint, you may be able to recover those extra costs through the divorce action. I know this to be the case in California; don't know about other states. This is something your divorce lawyer should address.
Good luck,
Patrick Cherry
Ventura, CA