Am in the process of a divorce and want to know what the law says about him filing state income taxes and forging my name

He filed electronically without my knowledge and purposely lied to the tax preparer. Where do I stand legally?

Cullman, AL -

Attorney Answers (1)

Stephen Judson Bailey

Stephen Judson Bailey

Elder Law Attorney - Birmingham, AL
Answered

The tax preparer cannot file joint individual income tax returns without the federal fom 8879 and state form 8453 being signed by both spuses. If the preparer did file without the proper signatures you are not liable to the government and the preparer is liable to you for any damages suffered, such as the cost of an attorney to straignten the mess out.

If your husband forged your name to these forms, and you can prove it, then you are not liable to the government and your husband is liable to you for any damages suffered, such as the cost of an attorney to straighten the mess out.

Your first call should be to the IRS advocate's office. Advocates are independent from the rest of the IRS and their job is to help you navigate through the IRS. Explain what happended and they will help you for free.

The taxpayer advocate's phone number in Birmingham is (877) 777-4778‎.

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