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How can i make sure astranged wife cant file tax return on childern

Booneville, AR |

i ahve had both kids for a year and half. living in my home.. my wife has a copy of ssi card and has said she is going to file them on her tax return. how can i make sure she can not do this. i can prove they have been with me this whole time from school records

Attorney Answers 3


  1. Well, you can't stop her from committing fraud. About all you can do is warn her and perhaps alert the IRS. If the kids ss# show up on your return and hers eventually the IRS will cross-match the returns and investigate. I would try to file your return as soon as you possibly can and make sure it is done right by using a CPA. This will be investigated so keep your documentation and paper trail.

    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/


  2. As Steven suggested, you can't stop someone else from doing something unwise. If you're in the right, just keep a good paper trail by retaining all pertinent documents, and if your return gets examined then it is simply a matter of calmly and coolly presenting your evidence.

    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.