Alan <sfcnm-mtm[at]yahoo.com> wrote:
- quote -

I suppose she could claim that he had her sign a different return than
the one he filed. But if she can't produce a copy, she's unlikely to
get much sympathy.

Stu

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woodrow wrote:
- quote -

filing a joint return and is jointly liable. Don't go along and
file as married separate and establish her own tax liability.

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"woodrow" <carydwood[at]sbcglobal.net> wrote
- quote -





The facts and circumstances will be the deciding factor. If the only issue
is that it's not her signature, then I'd say no relief will be granted.

She has to be aware that returns are required to be prepared and filed. She
has to be aware that she didn't sign a return for that year. And there may
exist other facts and circumstances that would not lend itself to forgiving
her the tax debt.






--
Paul Thomas, CPA
Watkinsville, Georgia

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True story. A husband forges his wife's name on their joint return.
It later is revealed that the taxes that were supposed to be remitted
with the return were not remitted, creating a backtax situation for
the couple. The wife subsequently divorces the man. Question: If
she can prove he forged her signature, does this relieve her of her
debt to the IRS for the year in question?

I'm aware that proving a forgery is not easy. But in this case it
might turn out to be a given. For reasons too complicated to go into
now, the man may CONFESS the forgery. So my immediate question is as
simple as what you see above: Is the wife relieved of her debt to the
IRS if the IRS can be satisfied that her signature on the return was
forged?

(For what it's worth, by the "joint & several liability rule" the ex-
husband also owes the same amount that she owes for the year in
question. The former spouses are both aware that relief for her in
this case will NOT bring relief to him.)

Thanks.

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<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >