Please help me! My ex filed tax forging my signature

[user19000 18]

Help!

I was legally separated from my ex husband since mid 2013 and moved across the country from him since. The divorce was granted on January 3, 2014.

I didn't make any money last year. My ex husband did, as usual.

I've never met or talked with my ex since I moved. (He has been sending nasty emails and facebook messages to all my friends, making up horrible stories about me, and somehow came up with the idea that I am now working as a prostitute in Europe).

Today I received a letter from the IRS in my new address in California, stating that I owe them almost $3,000, and that on April 07, 2014 a return was filed under my name as "married filing jointly".

It must have been my ex husband filing and forging my signature.

I'm very worried. I dialed the number on the IRS letter 631-447-4826 but no one picked up and I was hung up on.

What do I have to do? I'm freaking out! Please help!

Edited May 9, 2014 by user19000

[Marco&Bettina 502]

Try again Monday.

Edited May 9, 2014 by Marco&Bettina

[amuna0526 11]

If you receive a notice from the IRS that leads you to believe someone may have used your social security number fraudulently, please notify the IRS immediately by responding to the name and number printed on the notice or letter.

They probably sent a questionnaire for you to fill out along with the letter.

[NigeriaorBust 4,087]

Try finding the number online. Maybe this is some sort of idiot joke by ex trying to get cash from you. Report him

[user19000 18]

Thank you all for your replies. I'm really panicking!

[Sirliner 26]

Good luck with getting the IRS to answer a phone call. Best bet is to visit your local IRS office. Be prepared for a terrible DMV-like experience. Take a number and wait. And wait. Hours, with no restrooms. And when you finally get to talk with someone it will not get any better. Wish I could be more encouraging, but from my experience you should be prepared for the worst. It will be up to you to prove the IRS is wrong, with interest and penalties accruing monthly.

[novedsac 355]

Don't bother with the IRS call center - it's a contracted firm to handle first line calls - a complete waste of time for you.

Now that the return has been filed, albeit fraudulently according to you, you may now file for Innocent Spouse Relief via IRS Form 8857. Please consult the following link:

http://www.irs.gov/Individuals/Innocent-Spouse-Questions-&-Answers

I would recommend that you accompany the form with a letter explaining your circumstances … what you wrote in the original post is excellent. Be sure it's well written with no poor English evident … perception can make a big difference in how something is handled.

I would also recommend you deliver the Form 8857 with accompanying letter personally at the local IRS office. An agent should be able to instruct you on what to do next. Keep pursuing the matter with IRS until you receive WRITTEN notification that you are relieved of the tax liability.

In a parallel fashion, try to work with your ex in resolving the tax issue as well. I know it may be hard, but it may be quicker than working through the IRS. Since the divorce was not final until Jan 2014, you were still married on 31 Dec 2013 (which is the date that matters in determining filing status). Being legally separated may or may not meet the IRS criteria for 'unmarried' which would allow for filing as Single (usually this requirement is met if you are both living at separate addresses with an interim spousal support agreement ordered by the court). Obviously, the tax burden is lowest if MFJ and highest is MFS, with Single and HOH (if qualified) being somewhere in between. It is to his advantage to file MFJ … but he NEEDS your cooperation in order to do so legally. If the tax owed is $3000 when MFJ it is likely much higher, perhaps even 10k higher, when filing MFS. You could potentially agree to sign a joint tax return if your spouse covers the taxes owed. You may even be able to convince him to pay you a portion of what he would be saving if filing anything other than MFJ. Your ex really has no bargaining position in this matter at all - all the cards are in your hands. In order to ensure that you remain free from a fraudulent tax return, insist that the return be prepared by a qualified tax accountant prior to your signing the final return.

Otherwise, you can just tell him to go pound sand … no court or other entity can force you to sign a joint tax return.

And there's no need to really panic … if what you've said is true, then it'll work out okay for you in the end … just be patient because IRS, like USCIS, is a slow moving beast.

Edited May 10, 2014 by novedsac

[user19000 18]

Thank you all for your advice.

I'm sorry for whatever errors I might make. English is not my first language.

This is my very first experience with the IRS. In my life I've always tried to do the right thing. Therefore, such a letter really freaked me out.

Even though I didn't make any money, I still filed tax return as "married filing separately", on April 3, 2014. (I know I didn't have to). And, according to the letter I got today, on April 7, 2014 the IRS received another from me with the filing status as "married filing jointly". If I hadn't filed my tax return the IRS would have never contacted me and I would have never found out. Nobody knows my SSN but my ex, and nobody else would do that but him. I know him. He even claimed the rubber boots he bought to wear when going fishing as "business expenses". Whenever his dad or brother needed to buy tools he would take their money and make the purchases for them then keep the receipts for tax deduction later- "business expenses".

Yes, despite all the tricks, he has to pay quite a sum in taxes because he makes a lot. He has a full-time job and he owns a successful business too. He has millions of dollars, but hardly spends any.

No, I would have never agreed to sign a joint tax return with him. Things didn't work out and I decided to just let go and be civil. But he doesn't give up that easily. He has never stopped trying to ruin my life, even though he knows that because of him I now have a broken knee beside high risk of cervical cancer and even though he believes that I'm no more in the US.

I don't care about getting a portion of what he would be saving if filing as MFJ. He would not give me a penny, anyway. Even when we were married he kept everything to himself and we lived off the little money I brought from my home country, and free deer meat, and carp. That is one of the many reasons why the marriage didn't last.

I can't contact my ex. He thought once I was not married to him any more I would be kicked out of the country, the only reason he consented to the divorce. Now that the IRS is going to contact him about this (if they haven't done that already) he is going to find out that I'm still here. I'm afraid he will hunt me down and harm me.

[user19000 18]

Update: I contacted my ex via yahoo messenger (so he wouldn't find out where I was). And just as I expected, he's now trying to prove me crazy. He said I gave him permission on the phone (I don't have a phone) to file taxes as married filing jointly and then forgot about it. He said all the anti-depressants I took (while married to him) were enough for any judge to believe that I'm just a crazy bit-ch.

What should I do?

Edited May 10, 2014 by user19000

[belinda63 3,038]

You filed as MFS. This is your right. He filed as MFJ which he can't do unless you agree to it. What you say stands unless he has proof otherwise. Contact the IRS and tell them he filed MFJ without your permission. He (your ex) needs to file an amended return.

[user19000 18]

Thank you, Belinda.

This man has been putting me through a lot. And seems like he's not going just stop here.

V V: hi Ed

V V: I've been informed that you used my personal information and forged my signature to file taxes

V V: I'm afraid that that's something I cannot ignore

Deer Hunter: We were married for the entire tax year of 2013, so I filed a joint return, which is the correct way to file.

V V: no Ed

V V: what do you think "joint" means?

Deer Hunter: it means married.

V V: being married doesn't automatically give you the right to file jointly, Ed. And you have no right to forge my signature under any circumstance. You knew that very well but you did it anyway because you couldn't bear missing a bigger tax refund

Deer Hunter: I was the sole income earner, and you didn't even have a taxable income.

V V: you knew that we were not doing anything "jointly"

Deer Hunter: You had no reason to even file.

V V: no Ed. It doesn't matter if i had a reason to file or not. you just can't do that

Deer Hunter: No, we agreed on this, on the phone.

V V: haha

V V: really?

Deer Hunter: Yes.

V V: if you're talking like this. I’m not going to talk any more

Deer Hunter: You told me that you were leaving the country, anyways. You didn't even have a taxable income, and we agreed that we were filing jointly, because you were leaving so I could get more tax refund.

V V: Don't waste your time making things up any more Ed

V V: what you did this time is off-limits

Deer Hunter: Fine, let’s see what you can do about this. They can see that you are crazy, too, b.itch.

Hide Recent Messages (F3)

FYI, I was kicked out of the house at 1 am on that freezing night, without even having the chance to collect my stuff. What woman in my situation would have such a big heart to even care about her estranged husband's tax return which was almost 10 months away?

Maybe I'm a bit paranoid but what if the IRS buy his story that I did agree for him to do that on the phone (which I didn't even have)?

Edited May 10, 2014 by user19000

[novedsac 355]

Thank you, Belinda.

This man has been putting me through a lot. And seems like he's not going just stop here.

V V: hi Ed

V V: I've been informed that you used my personal information and forged my signature to file taxes

V V: I'm afraid that that's something I cannot ignore

Deer Hunter: We were married for the entire tax year of 2013, so I filed a joint return, which is the correct way to file.

V V: no Ed

V V: what do you think "joint" means?

Deer Hunter: it means married.

V V: being married doesn't automatically give you the right to file jointly, Ed. And you have no right to forge my signature under any circumstance. You knew that very well but you did it anyway because you couldn't bear missing a bigger tax refund

Deer Hunter: I was the sole income earner, and you didn't even have a taxable income.

V V: you knew that we were not doing anything "jointly"

Deer Hunter: You had no reason to even file.

V V: no Ed. It doesn't matter if i had a reason to file or not. you just can't do that

Deer Hunter: No, we agreed on this, on the phone.

V V: haha

V V: really?

Deer Hunter: Yes.

V V: if you're talking like this. I’m not going to talk any more

Deer Hunter: You told me that you were leaving the country, anyways. You didn't even have a taxable income, and we agreed that we were filing jointly, because you were leaving so I could get more tax refund.

V V: Don't waste your time making things up any more Ed

V V: what you did this time is off-limits

Deer Hunter: Fine, let’s see what you can do about this. They can see that you are crazy, too, b.itch.

Hide Recent Messages (F3)

FYI, I was kicked out of the house at 1 am on that freezing night, without even having the chance to collect my stuff. What woman in my situation would have such a big heart to even care about her estranged husband's tax return which was almost 10 months away?

Maybe I'm a bit paranoid but what if the IRS buy his story that I did agree for him to do that on the phone (which I didn't even have)?

Please follow the link I gave you earlier and read the referenced forms and publication. IRS Innocent Spouse Relief is your path forward.

Don't be threatened by whatever your ex tells you about a judge or court. No judge and no court can force you to file MFJ. It is entirely your decision and yours alone.

And any 'promise' you made via communicating with your ex is unenforceable and invalid. Just ignore that.

Don't be intimidated by anything your ex has to say or do. Even, for the sake of argument, you were the most vile, psychotic and nut job of an ex-wife, there's nothing he can do to force you to file MFJ if you don't want to.

You did right by filing MFS. Now proceed with the Innocent Spouse Relief, work it through with the IRS and you'll be okay. IRS, by law, must notify your ex that you filed for this relief, but they will NOT disclose your address so please don't worry about this. Focus on the fact that you didn't sign the return your ex filed. Focus on the fact that you have no contact with your ex and have no desire to file a joint return. Just touch upon his abuse of you in the past; you don't want to make this a rehash of the divorce … just enough for IRS to get the picture that you would never cooperate with him in anything, including a joint tax return.

Take care. Good luck.

[novedsac 355]

Oh, request IRS send you a copy of the actual return with what is supposed to be your signature.

If is a 'joint return' then they must disclose the information to you, including a complete transcript of what was filed.

You want to see how your ex-husband signed for you. If it is clearly not your signature (like, obvious to the eye when compared to your true signature), then you may want to consider having a handwriting expert provide an affidavit to this effect and send the affidavit to the IRS.

[NigeriaorBust 4,087]

The only way you could be "forced" to file together was if it was agreed to in the divorce settlement and it would be next to unheard of to have that in a divorce. Without that or your consent he can't "use" you on his tax return. Just deal with the IRS , Let them deal with him

[belinda63 3,038]

If he filed electronically there will be no signature. He did not have the right to file MFJ without her permission.