Quick recap:

During 2003-2004, WH and I were living seperate but amicably, intending to file taxes MFJ.

2005-reconciliation, filed 2003-2004 taxes (very late) MFJ in 08/05
A week later, I find out about affair, another week later I get a letter from the IRS saying I forgot to sign my tax return.

I never returned the "please sign here" form.
Yesterday, I finally call te IRS, explain situation and am told I can file MFS for 2003-2005. The representative suggested I submit forms 8379 and 8857, Injured and Innocent spouse forms. She also said I need to ask WH if he forged my name. I am thinking if he forged it, he would lie about it now (I don't think he would forge it, I think it never occured to him I would not sign it)

Should I talk to a tax guy and get help with covering my butt? I am trying to remove myself from WH's tax liability. He is self employed and owes a ton of taxes. I work one day a week and taxes are taken out.

Dealing with the IRS makes me feel very insecure, I feel like a 12 year old playing grown-up. Will paying someone to help me file these forms give me a buffer, or do I just handle it and keep my fingers crossed?

Hi Jean,

Were you and WH living seperate for both years of 2003 and 2004?

Is the IRS saying that basically you never did file because your signature wasn't on the form?

And now are you saying you have to file for the past 3 years?

Lady

Yep, yep and yep

Did she say you could file MFJ?

Your H probably wouldn't appreciate you filing seperate for the past 3 yrs, only do to the taxes he owes. If you file MFJ, he will owe less taxes, if any.

Same situation with Eave.

I could file MFJ but then I am signing an IOU to the IRS for WH's taxes with him. If I file MFS, then I will owe a teeny amount, but I will know for sure that I am good with the IRS.

I feel the need to call WH and just make sure, one more time, that he is not coming home. If I file MFS and we did reconcile, we would both owe more than MFJ. But, I am not willing to file MFJ with WH as he is crazy as a loon. I have no confidence that he would pay the taxes.

I am a CPA, from the IRS website:
Generally, to qualify for head of household status, you must be unmarried and not entitled to file as a qualifying widow or widower with a dependent child. You must also have provided more than half the cost of maintaining as your home a household that was the main home for a qualifying person. You may also qualify for head of household status if you, though married, file a separate return, your spouse has not lived in your home during the last six months of the tax year, and you provided more than half the cost of maintaining as your home a household that was the main home for a qualifying child for more than one half of your tax year.

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I believe that you can also file single. As a BS you're nuts if you allow yourself to be attatched to someone elses tax liability. Unerstand your JOINTLY Liable. IF you owe $20,000 they will go after both of you for $20,000 not 10 each. Now, of course, filing HOH or single will be a LB to the WS. Be careful, I do not know your story entirely. Let me know if you want my e-mail address and I will post it here for a short spell....

oh my...then i'm LB BIG time <img src="/ubbt/images/graemlins/frown.gif" alt="" />

Thanks for the info SMOMW

I don't think I would use HOH since I would let WH use both of the deductions for our DDs. We lived seperately for all of 2003, 10 months of 2004 and he moved out in Sept of 05.

I work only one day a week, I have an annual income of 6K. Taxes are taken out, so I think MFS would be OK for me - right? The divorce petition was filed 12/05 but is not final yet.

My BIL is a CPA who usually does WH's business taxes. He ran the numbers for me and it will cost WH a little more if I file MFS. His cost is not my primary concern, me not being liable for his self employment tax is my main concern.

If I thought our taxes might break the fog, I would consider all options. But I don't think they will, and I am not sure I want him back so he can save a few bucks on taxes. I would like the cheaper tax bill in case of reconciliation, but I just really don't see that happening.

So I will claim no dependants, he can claim the house and the kids. After the D, we will split the kids. (Deduction wise, not physically <img src="/ubbt/images/graemlins/grin.gif" alt="" />). So HOH would not be an option for me-correct?

Thanks!

HOH is when you have a "qualifying" dependent (child). MS is always an option. I would ask the IRS for transcripts (copies of tax filing) for your social security number for any year syou believ your spouse may have forged your signature.....

When the IRS rep mentioned forgery, I asked if there was someone who could tell me if my signature was on anything. She said no, and advied me to submit the 8379 and 8857 forms.

Like I said, I really don't think WH would have forged my signature. He did not have my letter that needed my signature and I doubt he thought I would refuse to file with him. I haven't told him that yet-still debating on how/when to tell him.

Is there anything else I should do to protect myself??

Transcripts are free, if he filed with you rsocial security umber and you know you did not sign it and it shows up in their records one would deduce that he forged your signature on it since you did not sign it...

So in addition to the two forms I mentioned, I need to request a transcript? I file MFS for 2003-2005, let WH know so he can amend his return...

Anything else?

Thanks so much.

Yes, it sounds like your tax sitch is a bit complicated Jean.

I'm glad SMOMW came to help.

Lady

Hey Jean,

I am a Tax Advisor, another consideration is that you could file HOH with a nondependent for the tax years 2004 and earlier, even if you let WH claim the children. Now I don't know if you can do that for this year b/c the tax law changed this year and I'm thinking that the children have to be you dependent in order to qualify for HOH but then again it is different for Divorced and Separated Parents, I will check on that and get back with you. But as long as you and WH did not live together in the last 6 months out of the year you could file HOH with a nondependent.

You can NEVER use the single filing status while married.

I am very grateful for SMOMW's help. I do miss my simple little life, before the immigrations fraud and tax matters and all this crap. Ahh the good old days...


Last question, hopefully. Do I need to use a tax preparer or can I file this myself. I know I am intellectually capable <img src="/ubbt/images/graemlins/grin.gif" alt="" /> I just want to make sure my i's are dotted and t's crossed. And if I need a tax professional, where do I find one (I don't have much confidence in seasonal tax preparer's - no offense to anyone here <img src="/ubbt/images/graemlins/blush.gif" alt="" /> )

Pepsi,
Thanks for the input. If you can file HOH without a dependant (pre 2004) what is the difference in HOH and single?

Uggg, I hate this crap

You cannot file single while married and filing HOH is a bigger standard deduction than single anyways.

Oh OK, I gotcha. Hey, how have you been, you haven't been around in a while have you?

Jean,

Does WH know that all 3 years now need to be filed?

I have been lurking every now and then. Still D'ing, WH is still in his A even though he still isn't admitting it. There has been so much going on, when I have a lot more time I will update my thread. But overall, I am good.