My wife removed my name and ssn from our tax return and used my 1099 as her income and file head of household

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She got a refund that went into her bank without me knowing. This is the thing we both did this online. I helped but how did it get filed like this. She is missing and I can't find her to file taxes again what is the irs going to do to her for filing my income and getting a refund we would of never gottin in the first place.

Attorney Answers

3
Everett Buck ·
I recommend you file your own correct return married filing single. If you are in a community property state, you may have to report 1/2 your joint income. If she reported all your income, and was not eligible to claim head of household, you should call the IRS and let them know they need to adjust her account. If they do not provide you the correct refund, you can file a claim for refund. If the claim for refund is denied or not acted upon after 6 months, you can file a refund lawsuit.
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Patricia Cole ·
Filing fraudulent tax returns can result in penalities, fines, and criminal charges. I suggest you file Single Married and use your 1099 income on your separate tax return. The IRS will likely find the mistake and then you will be in the clear. Good luck!
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Christopher Larson ·
She is going to have a problem doing this. As the previous attorneys said, you will just want to file as you would have if there had been no issue. It will not be very hard for the IRS to pull that house of cards apart. But what is strange is why she would want to declare more income than she earned. Christopher Larson www.insightlawfirm.com www.insightlawfirm.wordpress.com
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