If couple is divorced for 3 yrs.& IRS audits husband, does wife get included in audit. She never worked during marriage.

Asked 12 months ago - Mineola, NY

They always filed a joint return, but she was never aware of the specifics on the IRS form. The husband would just have her sign it or he would forge her signature at times.

Attorney answers (4)

  1. Paul Karl Siepmann

    Pro

    Contributor Level 18

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    Answered . If the audit covers a jointly filed return, then yes the wife is included in the audit. The wife may however qualify as an "innocent spouse." Your Judgment of Divorce and/or Stipulation of Settlement may also include language concerning tax liabilities and audits. You should consult an attorney in person and bring any applicable paperwork with you.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  2. Jayson Lutzky

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    Contributor Level 20

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    Answered . Have an attorney review the tax return to see if you qualify as an "innocent spouse."

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . See the IRS innocent spouse rules. I would also suggest a consult with a CPA to see if those rules apply to the wife.

    Good luck.

  4. Howard E. Knispel

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . If it is a joint return and signed by the wife she can be included in the audit. She can file as an innocent spouse.

    The above is a general answer and is not considered legal advice. You should contact an attorney before... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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