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Self-Employed Husband Refuses to Release Financials for Income Tax Peparation

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  • 04-09-2009, 10:19 AM
    artsharp1
    Self-Employed Husband Refuses to Release Financials for Income Tax Peparation
    My husband has been promising to have his (our) income taxes completed for 2006, 2007, and 2008. I must file the FAFSA forms for college tuition assistance for two of our daughters (asap).

    He has opened a personal checking account for the past few years, in which he uses for personal and business. He, also, has put a young women's name on the account as a co-account holder and signer. She has stated that she has never used the account (I had spoken with her).

    My husband has opened a private mail box where he receives the bank statements. I need these statements to begin a process to complete the 2008 income tax. I know that am not going to have all the income and expense data to be accurate.

    How do I begin the process (unable to afford a lawyer) to file for a subpoena to obtain these bank statements?

    Am I able to exclude myself from his income tax liabilities? He is relentlessly uncooperative.

    Thank you.
    - Mom of Five
    Lafayette, LA
  • 04-09-2009, 02:39 PM
    Bubba Jimmy
    Re: Self-Employed Husband Refuses to Release Financials for Income Tax Peparation
    If you do not file a joint return with your husband you will not share any liability for his taxes. You are also not entitled to receive any of his bank statements or other personal information. Marriage does not entitle you to that information if he does not wish to disclose it. Without the information it will be impossible for you to complete a tax return for him. Therefore, you should file your own tax return with only your own personal financial information using the Married Filing Seperately filing status.
  • 04-09-2009, 03:50 PM
    artsharp1
    Re: Self-Employed Husband Refuses to Release Financials for Income Tax Peparation
    Thank you for your response.
    I have not received any income for I have been staying at home, and have been recovering from a medical issue. I had done the accounting with Quickbooks and filed Income Taxes for my and my husband's small business before my illness. I had to stop due to his unethical business practices.
    Do I file $0.00 income? Am I unable to declare my children as dependents?
  • 04-10-2009, 07:11 AM
    llworking
    Re: Self-Employed Husband Refuses to Release Financials for Income Tax Peparation
    Quote:

    Quoting artsharp1
    View Post
    Thank you for your response.
    I have not received any income for I have been staying at home, and have been recovering from a medical issue. I had done the accounting with Quickbooks and filed Income Taxes for my and my husband's small business before my illness. I had to stop due to his unethical business practices.
    Do I file $0.00 income? Am I unable to declare my children as dependents?

    In that scenario I would strongly recommend that you NOT file a joint return with your husband. You don't want to be responsible for his tax liability, particularly if there is anything unethical going on.

    He is relentlessly uncooperative because he knows that he owes a ton of tax and would rather bury his head in the sand than deal with the issue.

    However, unfortunately that does indeed cause a problem as far as FASFA is concerned.

    I suggest that you tell him that he needs to pony up for the college tuition since your children won't be able to get any assistance.
  • 04-15-2009, 04:56 PM
    artsharp1
    Re: Self-Employed Husband Refuses to Release Financials for Income Tax Peparation
    According to the irs.gov...
    Louisiana is a Community Property State (along with Arizona
    California, Idaho, Nevada, New Mexico, Texas, Washington, Oregon, and Wisconsin.

    "If you file a federal tax return separately from your spouse,
    you must report half of all community income and all of
    your separate income."

    "Generally, community income is income from:
    • Community property
    • Salaries, wages, and other pay received for the services
    performed by you, your spouse, or both during your marriage"

    I must report one half of my husband's earnings. How do I file and report if this information is unavailable to me?
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