Anyone good at IRS related stuff?

emme022

So SO just got a notice in the mail that there was a problem with his 2011 tax return and now he owes money.  He and his ex split up in january 2012 and they filed there 2011 tax return jointly.  SO, stupidly in many people's opinion, let Ex-wife take care of filing since her grandmother does taxes and SO realized this was a mistake when they forged his name on the return checks and handed him half in cash but refused to even show him the returns.  He was eventually able to get a copy of them through his lawyer.  Well the notice says that Ex wifes unemployment was not reported on the return which is why they owe money, ex wife had not even told him she was still receiving unemployment so that was a surprised.  Here is our question though, the letter was addressed to SO's name and Ex wife's name(they still have the same last name).  He filed as divorced this year and we are pretty sure she did not even make enough to file.  As far as he knows she did not receive a letter.  Since they are divorced shouldn't this be split between them?  SO knows if he talks to her she will not give him any of the money, because he has already had an issue with a debt she hid,  but is there a way to contact the IRS and have them ask for half from each of them or something like that?  Thanks in advance

AmeliaKris

Not sure they will split the debt but I feel your pain. DH just got hit with a 1200 credit card bill from 6 years ago. Ex got a card in his name and never told him. We just paid it since getting 600 out of her was never going to happen.

SimpleJane

This happened to me this year. I filed and received like 400 less than I was supposed to. I got a letter saying it was because of overpayment on my 2009 taxes. I was married SAHM in 2009 and I let XH take care of the taxes. I asked XH about it and he hadn't filed his taxes yet so he wasn't sure if they would take it from him as well. I just assumed that when he did go file they also took it from him.

I know there is a phone number on the letter I received. I would say just call the number and ask about it.

4luvof2boys

Coming out of lurking to let you know that your husband can file for innocent spouse relief. 

Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits.

I used this to help my dad get out from under $150,000 of self employment taxes that his attorney ex-wife tried to stick him with.  It should be relatively easy to prove since your husband had to use an attorney just to get a copy of the return from her.

https://www.irs.gov/taxtopics/tc205.html andhttps://www.irs.gov/Individuals/Applying-for-Innocent-Spouse-Relief

Be prepared for it to take a while.  It is the government and the IRS.  Our case took two years.  The IRS denied the initial claim (as they always will do - just like insurance companies).  We had to go to appeals and won in the appeal phase of the process.  The good thing is that once you file, they have to cease any collection activity until after your case has been decided.  This will stop and/or prevent the IRS from harassing your DH or garnishing his wages.

Good luck to you!   Back to lurking.