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Can I get tax details from IRS about my jointly filed taxes by separated husband? He lied in the court that he is unemployed.

Fairfax, VA |

Since last 5 years my husband filed the joint taxes. He was domestically violent. never gave me any details. My visa does not allow me to work. We have been separated since one year but not yet divorced, He lied in the court that he is unemployed to get away from child support and finally got away with it. Can I apply for tax details from the IRS ? I do not have any tax papers with me he took away everything from the house.

Attorney Answers 4


  1. There are numerous different legal issues wrapped up in this fact pattern. You would greatly benefit from having an attorney represent your interests moving forward - whether you retain a private attorney, or you qualify for pro bono legal assistance. I am not familiar with the Fairfax area but Houston has a strong corps of volunteer attorneys that consider taking on matters such as these.

    As far as your request for obtaining information on joint returns filed this website might be helpful for you to review: http://www.womansdivorce.com/copy-of-tax-return.html

    Best of luck

    There is NO attorney-client privilege based on this interaction. I am NOT your attorney. We have no signed engagement letter with a clear understanding regarding fees. Further, everything we both just wrote is publicly available on the internet and would be the same as if we were talking in a crowded restaurant, there are many witnesses looking over your shoulder and can repeat anything you write here. If you need legal assistance use Avvo to find a local attorney in your jurisdiction that you feel can best represent your interests as a zealous advocate. My experience is in corporate tax, white collar criminal defense, partnership tax, and tax controversy/litigation. If you're being audited by the IRS or state taxing authority, or you are taking an unusually risky tax position on a return, that is the kind of thing you should have experienced counsel on your side and we can set up an initial consultation. If you have a family law, debt collection, violent crime sort of issue then I do not handle that. Do not contact me for an initial consultation on non-tax matters.


  2. Firstly, it does sound like you need an attorney. You are entitled to your tax records. You can call the IRS directly to request income/account/return transcripts or copies. You can also go into a local office to request these. From your description you may also be entitled to what is called "innocent spouse" relief if you are left with tax balances. You really need to review this situation with an attorney.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  3. Of course I agree with Attorney Zelinger. Yes, you have options, including some innocent spousal protections. That is -- if there is still unpaid liability on those jointly filed returns.

    And yes, a tax attorney can help you obtain the detail information in your tax returns. You should find an attorney that handles tax procedure, not just general tax law, or return preparation. And obviously you need a family law attorney as well.

    Hope this helps.

    Attorney J Anton Collins is a featured Criminal Tax Defense Attorney on Avvo. You may contact Attorney Collins directly at jcollins@jonescollins.com, or 866-340-5055, for more specific answers. This forum is merely for open, public discussion. Discussions in this open, online forum are not intended to create an attorney-client relationship. IRS CIRCULAR 230 DISCLOSURE NOTICE: IRS Circular 230 regulates written communications about federal tax matters between tax advisors and their clients. To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full “covered opinion”. Accordingly, this advice is not intended and cannot be used for the purpose of avoiding penalties that may be imposed by the IRS regarding the transaction or matters discussed herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issues, transactions or matters addressed, discussed or referenced herein based upon his, her or its particular circumstances.


  4. You can definitely obtain information about a tax return you jointly filed. You should get a tax attorney to assist you. If you cannot afford one, call one of these free tax clinics:

    http://www.irs.gov/uac/Contact-a-Low-Income-Taxpayer-Clinic-%28LITC%29-in-Virginia

    They can help you if your income is under a certain level.

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