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What could happen to someone who signs their husbands name to a joint tax return both federal and state tax returns in NJ

Florence, NJ |
Filed under: Tax return

The wife signed the documents forging the husbands signature and turned them in. The husband was in jail and could not be reached.

Attorney Answers 2


Well, if the husband did not authorize the signing and objects to it, the wife could be prosecuted for fraud and could be found liable to the husband for any tax refund money that she was able to get because of filing the joint return. But as a practical matter, the timely submission of the joint returns may have been beneficial to both spouses. If the husband doesn't complain about it, no one else will either. If the husband was in jail he probably has more important issues to worry about.

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If the tax return was prepared by a professional, it was probably electronically filed. The preparer had form 8453 signed and should have it in the records. The best solution is to have another 8453 signed by the husband to confirm that it was his intention to file jointly. It is probably not a big deal.

Ron Cappuccio

If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary for you to try prove this answer is "wrong" or something with which you do not agree. This is a free service for you based on limited facts. Nevertheless, many times you need to consult an attorney with the details to get actual advice specific to your concerns. Do not put too many details in your questions or comments because this makes the information public and could hurt you. Government Regulations contained in IRS Circular 230 regulate written communications about Federal tax matters, including e-mail, between us and our clients. This is another attempt by the government to limit your rights and to extend the control of government over individuals and businesses. Nevertheless, such communications are either opinions or other written communications. This is not an opinion. It is other written communication and was not written to be relied upon, by itself, to avoid any tax penalties. In order to receive assurances of protection from tax penalties from a written communication, you should get an opinion letter. If you would like to discuss an opinion letter relating to any matter, please contact me and I will explain what is involved and what it will cost.

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