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  1. #1

    Default Will the IRS Take Action

    I filed an information referral to the IRS on my ex-wife. Basically she has been making gobs of money under the table, much of which I don't have ALL the evidence for even though I knew there was more there. She was supposed to get me tax paperwork for last year's taxes and it never happened. I was going to file something then, but my divorce lawyer told me to wait to use it as leverage in the divorce. Well, nothing has been done yet and we're going into the 2008 tax year.

    I had my tax preparer file a 1040X and change last years status to married filing separate. I itemized so, the preparer said that my wife will be forced to file and itemize herself. In the information referral, I sent along documents proving some type of resources available to my ex-wife including the cash purchase of a $24,000 vehicle and her signing a purchase contract on a $105,000 house. I also sent along the financial affidavit that she signed when I took her to supprt court (I have custody of the kids). She show her $900/mo mortgage payment and all her utilities, but in nice clear print states that she is unemployed and continually stated that throughout the support hearings. Since, they took her word for it rather than all the financial evidence that I submitted, I lost in support court and just sent the information referral and supporting documents to the IRS in Fresno. I figure if they catch up with her I can take that back to support court.

    In the referral, what I could show was; at least $50,000+ in unclaimed income for 2007 and $60,000+ for this tax year, 2008. Now my question is:

    1) Will the IRS really take a look at her or, is this just chump change to them?

    2) If they do audit her, how long does something like that typically take to happen, after the information referral is filed? (I am expecting that I will also get called into this audit and luckily - am a pack-rat when it comes to keeping documents. Ex isn't...

  2. #2
    Join Date
    Jul 2007
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    Default Re: Will the IRS Take Action

    After April 15 of last year it is not possible to change your MFJ status to MFS, so if a tax preparer did that for you then you need to change tax preparers because the one you have doesn't know what they're doing. Therefore, you cannot force you wife to do anything with regard to her 2007 tax return so you can strike that one off of your vindictive retaliation list.

    The IRS is used to getting such spiteful information from ex-spouses. I've never known them to take such things seriously. They have limited investigative resources, and the amount of work it would take to prove anything would be better spent on higher yielding activities.

    Now that you're rid of her, why not just go on with your life?

  3. #3
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    Mar 2007
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    Default Re: Will the IRS Take Action

    Quote Quoting Bubba Jimmy
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    After April 15 of last year it is not possible to change your MFJ status to MFS, so if a tax preparer did that for you then you need to change tax preparers because the one you have doesn't know what they're doing. Therefore, you cannot force you wife to do anything with regard to her 2007 tax return so you can strike that one off of your vindictive retaliation list.

    The IRS is used to getting such spiteful information from ex-spouses. I've never known them to take such things seriously. They have limited investigative resources, and the amount of work it would take to prove anything would be better spent on higher yielding activities.

    Now that you're rid of her, why not just go on with your life?
    Because I think he wants the IRS to justify his claim for a higher CS amount.

  4. #4
    Join Date
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    Default Re: Will the IRS Take Action

    Quote Quoting cyjeff
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    Because I think he wants the IRS to justify his claim for a higher CS amount.
    Or lower if he is the payer rather than the payee.

    He should have asked for advice prior to sending everything to the IRS. Since he cannot amend 2007 (the IRS is going to kick back the amended return he submitted) all that proof is going to kick him in the butt, because he knew that his original joint return was not accurate, so the IRS is going to hold him equally responsible for any unpaid tax for 2007, IF they actually investigate.

  5. #5
    Join Date
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    Default Re: Will the IRS Take Action

    Ooops.

    I handn't considered that angle. Double oops.

  6. #6

    Default Re: Will the IRS Take Action

    Quote Quoting cyjeff
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    Because I think he wants the IRS to justify his claim for a higher CS amount.
    This is correct cyjeff and perhaps I should have given more detail:

    I am the custodial parent of one child from the marriage and one non-biological step-son. One of the PLETHERA of reasons that the marriage was going south was due to my ex-wife's "self-employed" status as an exotic dancer. A profession she began despite my objections, after we were already married and after having a child together. The "self-employed agent" status was nothing that I would have known about until tax filing for 2007, when I asked her where her w2's were. She promised to hire an accountant ("like her friends were doing and provide me documentation") and I would file a 1040X. I had a lot of write-offs and loss from my own work (if it matters).

    I told my lawyer about this during the same time that my wife was being issued a restraining order and we began filing for divorce. My divorce lawyer advised me not to report anything YET and use it as leverage in the divorce. Well, the divorce happened and it was inconsequential, considering all the other ammunition I had against her. Now, I am stuck with an incorrect tax return for TY2007. Apparently my divorce lawyer gave me some really bad advice.

    She continues to work under the table and claims that she has no job, despite all the evidence to the contrary and my testimony in support court, the Magistrate has only ordered her to pay $50 per month with no daycare or medical expenses as it would be "unjust and inappropriate". She just managed to get herself a boob job, even though she is 6 months delinquent on her whole $50 per month ($300)!

  7. #7

    Default Re: Will the IRS Take Action

    Quote Quoting Bubba Jimmy
    View Post
    After April 15 of last year it is not possible to change your MFJ status to MFS, so if a tax preparer did that for you then you need to change tax preparers because the one you have doesn't know what they're doing. Therefore, you cannot force you wife to do anything with regard to her 2007 tax return so you can strike that one off of your vindictive retaliation list.

    The IRS is used to getting such spiteful information from ex-spouses. I've never known them to take such things seriously. They have limited investigative resources, and the amount of work it would take to prove anything would be better spent on higher yielding activities.

    Now that you're rid of her, why not just go on with your life?
    So for those who have copped attitude to admonish me: No I am not the scumbag father trying to get his support payment reduced. I am NOT being spiteful!!! I am a hardworking businessman raising two kids by myself, getting a few hours of sleep a night and wishing my ex would be a little more accountable to her children, the same way they make certain deadbeat fathers are.

  8. #8

    Default Re: Will the IRS Take Action

    Quote Quoting llworking
    View Post
    Or lower if he is the payer rather than the payee.

    He should have asked for advice prior to sending everything to the IRS. Since he cannot amend 2007 (the IRS is going to kick back the amended return he submitted) all that proof is going to kick him in the butt, because he knew that his original joint return was not accurate, so the IRS is going to hold him equally responsible for any unpaid tax for 2007, IF they actually investigate.
    Which is worse, not filing a tax return at all or filing one that you thought you could amend? I had nothing to show on my wife at the time, until I subpoenaed documents and testimony through the courts. This is what I submitted in the information referral, along with various other court documents.

    These are the rules for filing a 1040X as I know/knew them from my lawyer, tax preparer and IRS website:

    REASONS

    "If the errors are in the arithmetic, the service center will usually correct them. If forms or schedules were left out, the service center will request additional information from you and you do not need to file an amended return.

    But if you find that you did not report some income, you claimed deductions or credits you should not have claimed you failed to claim some deductions or credits to which you are entitled, or you should have used a different filing status, you should file an amended return."

    WHEN TO FILE

    "Generally, Form 1040-X, Amended U.S. Individual Income Tax Return, must be filed within three years of the due date of the original return or within 2 years of the date you paid the tax, whichever is later, if you want to claim a credit or refund.

    There are exceptions to this rule for certain items such as net operating loss carrybacks, carryback of certain business tax credits, bad debts, and worthless securities. Please review the instructions to Form 1040-X for the exceptions."


    So, what am I missing here?

  9. #9

    Default Re: Will the IRS Take Action

    SO CAN SOMEBODY WITH SOME REAL TAX KNOWLEDGE ANSWER MY ORIGINAL TWO QUESTIONS???

  10. #10
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    Default Re: Will the IRS Take Action

    You mean if you get rude, impatient, and yell at people? What do you think?

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