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Post by dealsamongus on May 17, 2016 22:15:43 GMT
I just got a letter that my DH and I's refund was taken from the state and federal due to my Ex husband filing wrong back in 2007.
I called and basically because i am in a community property state current hubby is liable for ex husbands errors because I'm the common thread.
Not many option other than filling separately which then we lose married tax benefits.
I am not happy and DH is going to be even more unhappy.
Oh and they only keep returns 3 years ago I can not even see what happened.
Thanks for letting me vent!
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Post by christine58 on May 17, 2016 22:18:42 GMT
Call a tax attorney..NOW
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Post by dealsamongus on May 17, 2016 22:20:26 GMT
Yea I was considering that..
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azredhead
Drama Llama
Posts: 5,755 
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Post by azredhead on May 17, 2016 22:22:58 GMT
Yup that sucks!!
we got ours taken cause we owed from two years ago but we're making the payments on it. This year we got a letter stating that they have to take the State.Which is weird they didn't take it last year. At least it goes towards our balance so we can get pretty close to paying it off.
For yours I would call someone though. With your ex's that add extra mess. Hope you can get it straightened out.
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Post by freecharlie on May 17, 2016 22:23:32 GMT
Shouldn't your dh be able to apply as an injured spouse and get his portion?
We're you married to ex in 2007?
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Post by LavenderLayoutLady on May 17, 2016 22:30:26 GMT
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Post by dealsamongus on May 17, 2016 22:32:06 GMT
Shouldn't your dh be able to apply as an injured spouse and get his portion? We're you married to ex in 2007? Nope cause California is a community property state. Yes I was married to ex in 2007. |
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Post by dealsamongus on May 17, 2016 22:33:10 GMT
Yup that sucks!! we got ours taken cause we owed from two years ago but we're making the payments on it. This year we got a letter stating that they have to take the State.Which is weird they didn't take it last year. At least it goes towards our balance so we can get pretty close to paying it off. For yours I would call someone though. With your ex's that add extra mess. Hope you can get it straightened out. The worst part is he refuses to even respond to my emails. Typical though.. He walked away from our marriage not a shock he is being this way now. |
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MsKnit
Pearl Clutcher
RefuPea #1406
Posts: 2,648
Jun 26, 2014 19:06:42 GMT
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Post by MsKnit on May 17, 2016 22:36:18 GMT
Shouldn't your dh be able to apply as an injured spouse and get his portion? We're you married to ex in 2007? Nope cause California is a community property state. Yes I was married to ex in 2007. Why now? It's been 9 years for pity's sake. Shouldn't this mess have shown up much sooner? I'm irate for you. |
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Deleted
Posts: 0
Jun 3, 2024 2:32:36 GMT
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Post by Deleted on May 17, 2016 22:43:05 GMT
Shouldn't your dh be able to apply as an injured spouse and get his portion? We're you married to ex in 2007? Nope cause California is a community property state. Yes I was married to ex in 2007. Did you file jointly? And did you sign the return?
I would definitely be speaking to a tax attorney as soon as possible, but I suspect that since you were married and if you filed jointly that year that any debt belongs to both of you and the IRS will come after either for the full amount owed. Don't know if there is any statute of limitations or why it took so long, but that is probably your best shot.
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Post by dealsamongus on May 17, 2016 23:10:41 GMT
The main issue is the federal return shows married filing joint and state shows married filing seperate.
No it was an efiled return so I never signed it.
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Post by dealsamongus on May 17, 2016 23:10:57 GMT
Nope cause California is a community property state. Yes I was married to ex in 2007. Why now? It's been 9 years for pity's sake. Shouldn't this mess have shown up much sooner? I'm irate for you. No kidding huh! |
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Post by elaine on May 17, 2016 23:32:28 GMT
Your DH isn't liable - you are. If you were to cut them a check out of your bank account for what you owe, nothing would be taken out of your joint returns. Or, if you and DH filed separately, it would come out of your check, but not his.
If you signed the return, you owe. You should always keep your past tax returns - at least 10 years - I have them going back to the 90s. It stinks that your ex-DH screwed them up and that you are still on the hook for them.
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gsquaredmom
Pearl Clutcher
Posts: 4,080
Jun 26, 2014 17:43:22 GMT
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Post by gsquaredmom on May 18, 2016 0:39:37 GMT
Your ex electronically signed for you. It cannot be filed without both.
Federal and state must match on filing status according to Turbotax.
You and current spouse may be able to amend and file separately. You really need help with this, though.
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Post by papercrafteradvocate on May 18, 2016 1:55:50 GMT
The main issue is the federal return shows married filing joint and state shows married filing seperate. No it was an efiled return so I never signed it. Submission is the signature (so if it was electronically sent it off, then you DID SIGN IT) |
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Post by papercrafteradvocate on May 18, 2016 1:56:31 GMT
And there is no limit on how far they can go back.
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Post by papercrafteradvocate on May 18, 2016 2:03:45 GMT
You should have received a notice regarding the issue.
Dispute it, immediately and request copies.
The IRS does make errors.
You have every right to file it with the IRS Office of Appeals if you feel they are wrong.
You are entitled to an accounting of what happened.
If your 2007 was filed wrong, you owe and they will go and take the money from the path of lesser resistance--it could be that either your Ex hasn't filed/wasn't due a refund or had his taken too.
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Post by dealsamongus on May 18, 2016 2:08:06 GMT
The main issue is the federal return shows married filing joint and state shows married filing seperate. No it was an efiled return so I never signed it. Submission is the signature (so if it was electronically sent it off, then you DID SIGN IT) Nope ex signed it for both of us.. By the time I realized it was to late. |
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Post by dealsamongus on May 18, 2016 2:08:24 GMT
And there is no limit on how far they can go back. 20 years per them today |
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Post by dealsamongus on May 18, 2016 2:09:24 GMT
You should have received a notice regarding the issue. Dispute it, immediately and request copies. The IRS does make errors. You have every right to file it with the IRS Office of Appeals if you feel they are wrong. You are entitled to an accounting of what happened. If your 2007 was filed wrong, you owe and they will go and take the money from the path of lesser resistance--it could be that either your Ex hasn't filed/wasn't due a refund or had his taken too. I am posting a copy of the return, the problem is I need his signature to get it. |
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Deleted
Posts: 0
Jun 3, 2024 2:32:36 GMT
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Post by Deleted on May 18, 2016 2:11:20 GMT
It has been my experience that the irs will do stuff like this and nothing you do will make any difference. All you can do is make sure you never are owed a refund. Cause they will keep it.
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Post by elaine on May 18, 2016 2:17:28 GMT
Submission is the signature (so if it was electronically sent it off, then you DID SIGN IT) Nope ex signed it for both of us.. By the time I realized it was to late. You had to give him your W-2s. You knew that taxes were due by April 15th. If somehow in 2007 that he illegally obtained your W-2s and filed without your signature, you should have disputed the returns then. Or whenever, since it ISNT too late until after 20 years. You both still would have owed the money, however, so you would have paid your half whenever you disputed them. I understand that this stinks, but you need to take some responsibility in allowing this to happen if you want to fix it. |
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Post by dealsamongus on May 18, 2016 2:38:08 GMT
Nope ex signed it for both of us.. By the time I realized it was to late. You had to give him your W-2s. You knew that taxes were due by April 15th. If somehow in 2007 that he illegally obtained your W-2s and filed without your signature, you should have disputed the returns then. Or whenever, since it ISNT too late until after 20 years. You both still would have owed the money, however, so you would have paid your half whenever you disputed them. I understand that this stinks, but you need to take some responsibility in allowing this to happen if you want to fix it. I am taking responsibility I am just frustrated. Yes he collected the w2s and this was his only year doing taxes.. I usually did them but was dealing with a personal issue at the time. I know I'm the one who will end up paying just uber frustrated. |
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Post by dealsamongus on May 18, 2016 2:39:22 GMT
You had to give him your W-2s. You knew that taxes were due by April 15th. If somehow in 2007 that he illegally obtained your W-2s and filed without your signature, you should have disputed the returns then. Or whenever, since it ISNT too late until after 20 years. You both still would have owed the money, however, so you would have paid your half whenever you disputed them. I understand that this stinks, but you need to take some responsibility in allowing this to happen if you want to fix it. I am taking responsibility I am just frustrated. Yes he collected the w2s and this was his only year doing taxes.. I usually did them but was dealing with a personal issue at the time. I know I'm the one who will end up paying just uber frustrated. I have already contacted a tax attorney. Should be interesting to see what they say and how to move forward. |
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Post by papercrafteradvocate on May 18, 2016 3:05:24 GMT
You should have received a notice regarding the issue. Dispute it, immediately and request copies. The IRS does make errors. You have every right to file it with the IRS Office of Appeals if you feel they are wrong. You are entitled to an accounting of what happened. If your 2007 was filed wrong, you owe and they will go and take the money from the path of lesser resistance--it could be that either your Ex hasn't filed/wasn't due a refund or had his taken too. I am posting a copy of the return, the problem is I need his signature to get it. Who ever told you that is incorrect. To obtain a copy of your joint return, only one party's signature is required. |
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Post by dealsamongus on May 18, 2016 3:13:41 GMT
I am posting a copy of the return, the problem is I need his signature to get it. Who ever told you that is incorrect. To obtain a copy of your joint return, only one party's signature is required. The Franchise tax Board of California said I needed his authorization to dive his name only is on the return despite it being a married filing joint return. |
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Post by Eddie-n-Harley on May 18, 2016 3:16:58 GMT
Who ever told you that is incorrect. To obtain a copy of your joint return, only one party's signature is required. The Franchise tax Board of California said I needed his authorization to dive his name only is on the return despite it being a married filing joint return. So it was the state return that was improper, not the federal one? |
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Post by papercrafteradvocate on May 18, 2016 3:19:48 GMT
Who ever told you that is incorrect. To obtain a copy of your joint return, only one party's signature is required. The Franchise tax Board of California said I needed his authorization to dive his name only is on the return despite it being a married filing joint return. Contact the IRS and/or the State for copies. The franchise tax board is more like a collections agency. |
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Post by dealsamongus on May 18, 2016 3:25:05 GMT
The Franchise tax Board of California said I needed his authorization to dive his name only is on the return despite it being a married filing joint return. Contact the IRS and/or the State for copies. The franchise tax board is more like a collections agency. Thank you! I will! |
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Post by gypsymama on May 18, 2016 9:32:06 GMT
i had my taxes taken years ago bc of defaulted student loans, while living in a community property state, and my dh was able to file as injured spouse and get half the refund back
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