Tax Fraud
This is a discussion on Tax Fraud within the Tax Issues forum, part of the Other Business & Finance Law Issues category; Does a spouse have a right to file taxes jointly without spouse knowing it, consenting to it, giving permission to ...
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#1 |
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Does a spouse have a right to file taxes jointly without spouse knowing
it, consenting to it, giving permission to complete it or approving it? The latter spouse is employed. What are the latter spouse\'s rights? How can issue be resolved since it probably wasn\'t accurate. What are the penalties? |
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#2 |
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You two need to work that out and if you cannot you may threaten to make a separate filing or inform the IRS of the problems etc.
You do have some potential liability there so you two need to be in agreement. |
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#3 |
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An agreement between the 2 of you does not bind the IRS and the person who did not sign the return can be held liable unless steps are taken up front and that involves putting the Service on notice. As MFS can amend to MFJ but not vice versa, amended returns do not work. As this is obviously an adversarial situation you should talk to your lawyer to make sure what you do is not more harmful. When this situation occurred some years ago with a client, the outcome was we had the spouse file as MFJ and when the IRS rejected, the person spoke with the Service and the Service then rejecteed the MFJ and filed perjury charges against the spouse.
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