Question about turbo tax fraud


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Cobra II
Cobra II's picture
I am checking out GrownUpGeek.Com from Houston Texas
Member for 7 years 47 weeks
GuG-Points: 191

As most people know, you do not need to send paperwork or a signature to the IRS when using turbo tax. For the past 2 years, my soon to be ex wife & her mother have been coming up with a fake sum far higher than what I actually made for the year & used tubotax to file my taxes & had them deposited into a savings account. My lawyer said that there's probably nothing I can do about it & not to tell the IRS because it might start an audit. They did it in a way that there is no evidence for me to prove that they were the ones who did it. I have talked to many people about this & no one seems to have a clue on what to do. Does anyone know a way I can prevent this from happening with my 2006 taxes without getting in trouble with the IRS? Thanks.

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Cobra II
Cobra II's picture
I am checking out GrownUpGeek.Com from Houston Texas
Member for 7 years 47 weeks
GuG-Points: 191
Re: Question about turbo tax fraud

 thanks LynnH.  Yes, the lawyer I asked was a family law attorney.  I don't think I have enough money to hire a tax lawyer right now because of my current situation.  My employer didn't write me a letter, but he verbally said he didn't give me my w-2 until recently because of some mistake that was made.  Anyway, I will look at the links you posted.  Thanks again for your help.

 

 

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*If you put your mind to it, you can achieve anything*

LynnH
I am The walrus koo koo kachoo
Member for 8 years 5 weeks
GuG-Points: 1134
Re: Question about turbo tax fraud

Hi cobra,

Wanted you to know that I haven't forgotten you, I started another search for you, then I got all caught up in GuG again! (I'm always caught up in here with so much to look at! Another thread will catch my eye and I end up with about 6 or 7 windows open.)

The reason I mentioned the one link was just in case you couldn't afford a tax attorney, because a lot of people can't. I couldn't either.

As far as the employer, I'm not suggesting you turn them in. Nor am I suggesting that you should do nothing, so they don't get in trouble. This is a bit of a viscous circle it seems. I also wanted to emphasize the point that I cannot foresee you getting into trouble. It's the ex that's falsifying information and the employer who has not followed the rules of the IRS and one more for the employer....why are they giving the ex YOUR paperwork. But I did re-read your reply that you are still considered married to the IRS.

Back of my mind has a pretty strong agreement about what would happen should you file your taxes as jennwndrlnd mentioned in her reply.

If you did your duty as a citizen and filed your taxes and oops! someone already did, then I would believe the fallout would be around you, not on you.

As you stated, For the past 2 years, my soon to be ex wife & her mother have been coming up with a fake sum far higher than what I actually made for the year & used tubotax to file my taxes & had them deposited into a savings account. Coming up with a fake sum higher than your actual earnings? Do you think they have been doing this for devious reasons so as to collect a higher amount of alimony and/or child support? (If Texas allows both, that is). This is something you don't want to happen. They will have proof from income tax returns that you make a certain amount. Another reason for you to pursue this matter. You can't afford to pay more than what you actually make.

Just some questions about this that I have to explore and find some way around what's happened in the past.

If I was standing on a fish, I'd slip and fall......

LynnH
I am The walrus koo koo kachoo
Member for 8 years 5 weeks
GuG-Points: 1134
Re: Question about turbo tax fraud

Cobra,

I just replied to another post here in the Tax Forum. What about the Innocent Spouse Relief? Would it not apply to you. I do not know and I am in no position to say. But......

I'm with everyone else, bad lawyer. For taxes that is. Your lawyer is a divorce lawyer, probably not a tax lawyer and let's just say that maybe he doesn't want to lose any money handling your case.<------Said very, very quietly.

I do not see how you can be in trouble, when SHE did it! But then again, I am not a CPA, or a tax accountant or a tax lawyer. All I know, is what I read. I cannot really advise you or anyone here, but you can get personal opinions.

I believe you have received some really good personal opinions on this post.

If it were me, and I was innocent, I would most definately go here: Taxpayer Advocate Service.

You have to remember that lawyers, accountants, CPA's are supposed to do what is best for you, but there are many cases where they have only done what is in THEIR best interest.

You are being used and you need to take quick action to take care of yourself, because with the knowledge you have of the wrong-doings, I believe you are allowed by the IRS ONLY 2 years to bring this to their attention. Please go to the website and do some looking around.

I think that lawyer is only trying to scare you. The perception of the IRS is not good and it's because of people like him. You just might be surprised at how helpful they can be in a circumstance like this, along with a good tax attorney.

And lastly, Please note that all information provided is not to be considered as tax advice. Always check with a Tax Professional!

 

Lynn

If I was standing on a fish, I'd slip and fall......

Cobra II
Cobra II's picture
I am checking out GrownUpGeek.Com from Houston Texas
Member for 7 years 47 weeks
GuG-Points: 191
Re: Question about turbo tax fraud

 I usually file them myself, but she has managed to do it right before I do every time.  My boss doesn't give me my w-2 until march.  I'm with the same employer as I was when we were together. 

 

 

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*If you put your mind to it, you can achieve anything*

LynnH
I am The walrus koo koo kachoo
Member for 8 years 5 weeks
GuG-Points: 1134
Re: Question about turbo tax fraud

Your employer is required by law to provide you with your W-2 by January 31st.

 

Here is the Caution the IRS states in the W-2 Instructions:

CAUTION! Even if you request an extension to file Form W-2, you must still furnish Form W-2 to your employees by January 31, 2007. But see Extension to furnish Forms W-2 to employees below.

Cobra, the next set of instructions tells the employer that they must furnish a letter to the employee AND the IRS stating that they are requesting an extension to file W-2's, along with the reason for delay, AND it must be postmarked and sent on or before January 31st.

Cobra, did you receive a letter from your employer that they would not be sending you your W-2 by January 31st as required by the IRS?

Cobra, what I've just relayed to you can be read in further detail in this Publication.

 Edited to add:  Cobra, when you go to the publication link I gave you, note what the IRS has to say about employer penalties for not complying.  And, since you really have my interest in the matter now, I'm going to do some looking about how you can insure in the future that YOU and ONLY YOU receive any employee information about YOU from your employer.  I am sure I can find something for you, so that she cannot just call up and request the information.  I'll be back with an answer as soon as I find it.  I think it's time you have some backup so you can demand your rights as an individual.

Lynn

If I was standing on a fish, I'd slip and fall......

Cobra II
Cobra II's picture
I am checking out GrownUpGeek.Com from Houston Texas
Member for 7 years 47 weeks
GuG-Points: 191
Re: Question about turbo tax fraud

 Because she's a big thief.  She believes that if we are still considered married that she legally can do anything she wants with my taxes, which is partially true in Texas.

 

 

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*If you put your mind to it, you can achieve anything*

jenn
jenn's picture
Member for 7 years 48 weeks
GuG-Points: 102
Re: Question about turbo tax fraud

I would defintely get a new lawyer involved then.  Also, have you considered filing your taxes yourself?  When you submit them they are going to see they've already been filed, that is when you could prove she is committing fraud.  I certainly wouldn't be handing my w-2's over to her if I were you, she does need the employer id number and other info to file them in the first place. 

jenn
jenn's picture
Member for 7 years 48 weeks
GuG-Points: 102
Re: Question about turbo tax fraud

Why is she filing your taxes if the divorce has been pending for 3 years?  I was just curious, not trying to be a smart ass. Smile

p to the izzle
I am easily distracted from Louisville, KY
Member for 7 years 35 weeks
GuG-Points: 2401
Re: Question about turbo tax fraud

I say get a new lawyer. Any lawyer that will tell you not to report someone for stealing your identity sounds crazy to me. I'd have my ex in jail by sundown if she did that to me. If the IRS does decide to audit you guess who gets in trouble? I'm betting it's you. It's really hard when a family or ex-family does stuff like this. My mom stole my identity and I couldn't "prove" that I didn't give her permission! They do have to provide your employer's federal tax id number. Do you have the same employer as when you were with her? This sucks, sorry.

"I'm just like you only shorter."

Cobra II
Cobra II's picture
I am checking out GrownUpGeek.Com from Houston Texas
Member for 7 years 47 weeks
GuG-Points: 191
Re: Question about turbo tax fraud

Well, the thing is that my divorce is not final. it has been pending for 3 years due to a custody battle. I'm in Texas so there is no legal separation. Until it's final, the IRS still considers us legally married so anything I do to her will also get me in trouble, thats why I don't want to turn her into the IRS. I just didn't know if there were any ways to stop her from doing this.

 

 

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*If you put your mind to it, you can achieve anything*

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