Is This Legal?

jebuell

I just found out that Rocky filed my taxes for me.  He said I made $5 which is complete BS!  First of all he never even asked for my deductions and there were A LOT because I purchased nearly $9,000 in camera equipment in 2009!  And when I ran my numbers back in April on my own I came out with being owed almost $200!  We filed for an extension because this was the same time we were dealing with the end of our marriage so I was going to file on Monday. 

Is that even legal?  I didn't sign anything or give my consent to have my taxes done for me.  Can a spouse really do this?  

sarlah

Well it's certainly not legal for him to file false taxes. As far as the whole spouse/divorce thing, I don't know. If you were filing married & joint then yes I think he could file them for you. BUT since you guys are now divorced... I just don't know how that all works, since you were married in 2009. Maybe what you should do is call the IRS. Ted is saying you should call a tax lawyer and just ask if you should be concerned since they're the only ones that can give you a definitive answer.

jcombs

It would be everyone's best interests to file amended returns.  It may be best to file married filing separately or just plain married.  Usually I worked this out in the divorce settlements when the divorce wasn't final until after December 31st but before folks filed tax returns.  If he won't voluntarily file an amended return, then threaten to report him.  We usually put in the divorce decree to use whatever filing method provides the best tax return, and then also how the tax refund was to be divided.  Good luck!

kristinemarie7

Yes, like PP mentioned, you really should check with a tax lawyer and file amended returns. DH and his ex had an audit on a joint return from when they were married but the audit occurred after they were divorced. They misclaimed a deduction and had to pay it back. The IRS didn't really seem to care what their status was at the time of the audit. Luckily, they worked it out and decided to split it 50/50, but it really could have been a mess, it wasn't that small of a deduction. GL!

siba1119

I agree with pps, but don't you also have to sign your tax return? I'm guessing he forged your signature which is DEFINATELY NOT LEGAL! Goodd luck Jaye!

kingpepsisgirl

siba1119:

I agree with pps, but don't you also have to sign your tax return? I'm guessing he forged your signature which is DEFINATELY NOT LEGAL! Goodd luck Jaye!

Not if you e-file or tele-file