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

Mineola, NY |
Filed under: Divorce

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. 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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. 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.


  3. 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 relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.


  4. 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 proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

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