If your ex-wife has falsified a return by using your name, then the first thing you should do is alert the I.R.S. of this. They have different types of forms used to report various incidents, such as identity theft or fraudulent returns, so you'll need to insure that you're properly notifying them.
It may be best if you contact the Taxpayer Advocate Service. Explain to them that A) your ex-wife filed a fraudulent return, and you need assistance with reporting that, and B) collections is currently garnishing your disability and creating a financial hardship, but is not willing to assist you with challenging the assessment or working out alternative means of debt resolution other than forced wage garnishment.
Alabama's Taxpayer Advocate Service can be contacted at (205) 912-5631.
All is not lost. File your separate return. The IRS will reject it. Then have a Tax Court Attorney file petition to examine the return as the original.
But get help -- this is not a do-it-yourself'er.
Attorney J Anton Collins is a featured Criminal Tax Defense Attorney on Avvo. You may contact Attorney Collins directly at email@example.com, or 866-340-5055, for more specific answers. This forum is merely for open, public discussion. Discussions in this open, online forum are not intended to create an attorney-client relationship. IRS CIRCULAR 230 DISCLOSURE NOTICE: IRS Circular 230 regulates written communications about federal tax matters between tax advisors and their clients. To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full “covered opinion”. Accordingly, this advice is not intended and cannot be used for the purpose of avoiding penalties that may be imposed by the IRS regarding the transaction or matters discussed herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issues, transactions or matters addressed, discussed or referenced herein based upon his, her or its particular circumstances.
I agree with my colleagues that you should seek assistance to resolve your issues. If you are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, you may be eligible for assistance from the Taxpayer Advocate Service. You can call 1-877-777-4778 for the Taxpayer Advocate Service or you can file Form 911, Request for Taxpayer Advocate Service Assistance, with the Taxpayer Advocate Service, or ask an IRS employee to complete the form on your behalf. Fax or mail the form to your Local Taxpayer Advocate. Also, you may be eligible for assistance at low income taxpayer clinic. There is such a clinic in Montgomery, Alabama, Legal Services Alabama, Inc. – 1-866-456-4995
I agree with contacting Taxpayer Advocate Services or a Low Income Taxpayer Clinic in your area. These are not easy issues to work out on your own, despite the fact that they should be.
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