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My ex Fiance sent me a 1099 misc income form in the amount of $42,388.66. I never worked for him. He was allegedly separated

Madison, MS |

and spent most of his time with me at my home though he did not officially live here. He did pay my tuition but he also included mortgage payments which he did not pay, utilities such as gas, water and clothing and shoes which he did pay for. When I did a detailed list with him of these things he said he paid (most of the clothes were returned because they were too big) the list was over $10,000 less than what he reported on the 1099 and he refused to provide an explanation. My actual income is $33,451.25. He is saying I have to pay taxes on my actual income plus what he reported even though he included mortgage payments he didn't pay.

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Attorney answers 2

Posted

The very short and simple answer is that you do not have to pay taxes on the money he gave you - or, if you like, that he used to pay some of your expenses with. Certainly he couldn't give you a 1099 for that money if for no other reason than that you weren't operating a business for which he paid you money.

You should contact the IRS as soon as possible to see about getting things straightened out. I would suggest that you first go to your local IRS office and ask to speak with a representative about the issue - be prepared to spend a lot of time waiting to speak to someone, though; the government moves slowly. If you cannot get someone to straighten things out, then contact the IRS Taxpayer Advocate; they should be able to help you if no one else will.

Good luck.

www.nytaxcounsel.com

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at www.nytaxcounsel.com

Asker

Posted

He is claiming now, just to be hurtful that because he was still married I was only a Mistress and therefore anything he gave me was payment for that. It really hurts to have to say that here and he has bullied me so much I don't know what he is capable of but I am so grateful to feel some relief from the pressure this has caused. Thank you so much.

Dana Whitney Atchley

Dana Whitney Atchley

Posted

Sounds like you are much better off without this "gentleman" - I'm glad you've gotten free of him. In terms of what he's now claiming, from what you've described he's still way off base. In fact, not only is he wrong about the tax issues, he is coming very close to committing a crime, such as harassment against you and, possibly, tax fraud. If he persists in this behavior, you might want to consider contacting the police and possibly the IRS criminal division.

Asker

Posted

Mr. Atchley, Sir, thank you so much. You can't imagine how much you have helped me and relieved my distress over this and provided me the courage to move forward and discuss this with the tax agent and IRS rather than just accepting what my ex does or says because I’m so afraid and intimidated by him and it is very humiliating and painful that he would resort to this. I believe my refusal of any and all correspondence with him spurred this, hopefully final, effort on his part to force me to speak with him. I just can’t thank you enough.

Posted

If you want to speak with a tax attorney here in Jackson, I recommend Jimmy McGee. His number is 601-965-6155 or go to mcgeetaxlaw.com.

The answers on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.

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