tax question

iVillage Member
Registered: 01-02-2008
tax question
17
Fri, 01-25-2008 - 9:35am

My step daughter filed her taxes last year as married filing jointly. However they were not married. Now this year her ex boyfriend is in jail and she still wants to file them married because she will get more back. However you need to provide ID when you cash your IRS refund check so how can she cash these checks without any ID from the ex? The checks come in both names. Also, isn't it tax fraud for them to file taxes as married when they aren't really married????

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iVillage Member
Registered: 11-28-1999
Fri, 01-25-2008 - 10:46am
I would say that the IRS wouldn't look very kindly on people who are lying.
iVillage Member
Registered: 03-26-2003
Fri, 01-25-2008 - 10:58am

My DH deposits our refund check in our joint account without me in tow with ID so that would be a way it could be done

But I am just saying in case you think it is impossible, NOT to give her suggestions. Yes, I think she will be liable for past correct taxes and interest when they find out and they many find out this year or next and still come down on her for it.

Not worth the risk even if your personal moral code lets you do something like that

iVillage Member
Registered: 02-14-2007
Fri, 01-25-2008 - 12:20pm

I'm not an accountant, but I would say that yes, it is tax fraud. I would also be fairly confident that the IRS will figure it out and that won't be a good thing.


Avatar for suzyk2118
iVillage Member
Registered: 07-30-1997
Fri, 01-25-2008 - 2:40pm

ITA - I was on a jury that was to judge a guy who tried to cheat the IRS.

iVillage Member
Registered: 09-29-2004
Fri, 01-25-2008 - 5:32pm


Is there not a requirement that couples have to meet to be called "common law"

Here, married is married. Common law is still common law.
And would not she had to, even if they were married, provide his address. It is not the same as hers. I doubt that she could claim his exemptions because they are not living together.

Sounds like fraud.

iVillage Member
Registered: 02-25-2002
Fri, 01-25-2008 - 5:44pm
I think your stepdaughter should see an accountant...explain what she did and file properly and pay up any fees and penalties from last year. Ultimately the IRS really only wants our money and it is unlikely they will make an example of her. She should do this for her own sake and to separate herself from the ex who is now in jail. No amount of money is worth the aggravation...

 

Avatar for mjaye2002
iVillage Member
Registered: 03-26-2003
Fri, 01-25-2008 - 7:43pm
The common law marriage is not something that came to my mind, however, it is a valid point.
iVillage Member
Registered: 11-13-2004
Fri, 01-25-2008 - 8:09pm

Good points, but

Avatar for mjaye2002
iVillage Member
Registered: 03-26-2003
Fri, 01-25-2008 - 8:26pm

I understood that they had filed as married the year before so *possibly* common law was declared before he went to jail.

iVillage Member
Registered: 08-17-2005
Fri, 01-25-2008 - 8:59pm

She should go ahead and proceed with this idea, if she'd like to wind up in jail with him.

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