Can you get one-half of tax refund from the tax years of 2001 and 2002 from ex-spouse?
March 3, 2009
annswers asked:
I am asking this question for a co-worker. If the couple file joint returns, divorced in 2002, and the ex-spouse forged signatures on 2001 and 2002 tax returns — then, deposited entire tax refunds into their account …. Can the other party get their one-half tax refund back? The IRS said that they are not responsible for divorce tax issues. Thank you.
I am asking this question for a co-worker. If the couple file joint returns, divorced in 2002, and the ex-spouse forged signatures on 2001 and 2002 tax returns — then, deposited entire tax refunds into their account …. Can the other party get their one-half tax refund back? The IRS said that they are not responsible for divorce tax issues. Thank you.
4 Responses to “Can you get one-half of tax refund from the tax years of 2001 and 2002 from ex-spouse?”
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March 7th, 2009 at 12:23 am
One party would have to sue the other party for their half. The IRS does not get involved in divorce tax issues. That is correct.
March 10th, 2009 at 1:06 pm
Yes, the person can try to recover those funds, but not from the IRS. This is not an IRS issue, it’s an issue between the two parties. The injured party (your coworker) should look at going after the ex for fraud/theft/misrepresentation. The options depend largely on the state he/she lives in, but he/she could ultimately file suit to try and recover the funds.
March 13th, 2009 at 2:56 pm
This was a long time ago. I think it would be difficult to do this. Also, if you hire a lawyer to help, it would probably cost more in legal fees than the value of the refund.
Also, how would you prove anything? Even if the signature was forged, her ex could just say that she told me to sign for her. Also, the judge would want to know why this issue wasn’t brought up years ago.
Life isn’t fair.
Good luck.
March 16th, 2009 at 4:04 am
This is a situtation of fraud and your friend can contact the IRS and let them know that her signature was forged. This will create an audit of those two years and subsequently will get her money back to her. But, she needs to take care of this NOW…not wait any longer.