eferg wrote:

- quote -

Although technically, this would require your ex-'s
signature, some banks are so sloppy that you could endorse
it "Mickey Mouse" and they will still credit it to your bank
account. I wouldn't worry much about it.

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If it is a jointly filed return, which it sounds like it is,
they (IRS) *will* issue any refund in both names.

Missy Doyle

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eferg wrote:

- quote -

You can ask IRS to do that, but an easier way would be to
return the check with an explanation and ask that they void
the check and credit said amount to your estimated tax for
this next year. After all, they'll only notice your social
security number. On second thought, call them first and ask
if they can do that.

ChEAr$,
Harlan Lunsford, EA n LA
Sat 12 Mar 2005

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eferg wrote:

- quote -

You paid an amount for a Joint Return, so the IRS made the
refund payable to a Joint Account. If a joint account
exists, you may be able to deposit it there with only one
signature, but ...

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eferg wrote:

- quote -

If this money is yours and yours alone, endorse the check
and put it in the night depository. Do not sign for your
ex-wife under any circumstances.

If the bank rejects it, ask your ex-wife to sign it. If
you are making any type of support payments to her, it's
in her best interests to sign it.

If she refuses, take her and your evidence to small-claims
court. She will most likely fail to appear. But either
way, the magistrate is bound by the evidence.

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My ex and I were fined for late payment on our 2002 joint
federal tax return. I sent a check for the full requested
amount. In the meantime, the IRS collected 1/2 of the
requested amount from my ex. So, they sent me a check for
the amount of the fine that I overpaid, however the check is
made out to me AND my ex.

Will the IRS re-issue the check in my name only, or are they
legally bound to issue in both names only? Keep in mind
this refund is the amount I overpaid, we both paid 1/2 of
the fine to the IRS.

Getting my ex to endorse the check is not an option.

Ed

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