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Tax Preparation

Springfield, IL |

I am married but living separately from my husband of 12 years. We he left the home he took with im all of our tax documents. I have not signed a tax document in years and do not have a copy of any tax forms filed. We still do file our taxes together because of owning 6 homes and farm land together. None of which I see any income from. It all goes to him. Is this legal to file taxes and me not sign. When I mentioned this to him he indicated that I had signed a paper years ago with a previous accountant. I do not beleive that happened and why would this pretain to our current accountant. All monies are deposited into his account. I receive nothing. Is there something I can do at this time?

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Attorney answers 4

Best Answer

Assuming you filed joint tax returns (they could have submitted them electronically, thus not obtaining your signature), you could file for Innocent Spouse Relief with the IRS. That way, you can protect yourself from any IRS tax liabilities. I agree with the previous poster: for 2012 and beyond, you should file as married, filing separately.

Hope this helps!


If you haven't signed any tax papers, how do you know you file jointly? Perhaps he's filed separately all these years and you've never filed?

Fortunately, there IS something you can do at this time . . . hire an attorney.


YOU NEED TO CONSULT AND HIRE AN ATTORNEY NOW. It can all beremedied but it is a mess. This is a complex case with all the marital property and tax issues. This is NOT the place to get answers. You need to take action now. Contact "your" current accountant. He must speak to you if he is filing joint returns. If he does not you could file a complaint against his license. If he is not filing jint returns you will have to file for any and all missing years of not filing. Get in to a divorce lawyer with some tax background ASAP.

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You are legally required to sign every tax return regardless if you are married. I would hire an attorney that specializes in the tax field or contact the IRS directly to confirm that all of your previous tax returns have been filed. You can also contact your employer to get additional tax documents to prepare your return for 2012. I would advise that you file Married Filing Separately to avoid this in the future.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Ms. Smith is licensed to practice law throughout the state of Florida with offices in Duval County. She is authorized to handle IRS matters throughout the United States. Her phone number is 888-741-0272 and her email address is

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