mother in law filed and kept tax refund

[pamdodson]

What is the name of your state? TX

My husband and I are seperated. My mother in law has filed our taxes for several years. This year I told her not to as my husband and I were seperated. She filed our return as a joint return and had the refund check mailed to her address. If we had filed seperate, my husband would have owed. I was the one getting money back. Do I have grounds to file against her for violating my civil rights? My husband and I are not divorced yet (That is a whole other story). I reported it to the IRS but will not do anything without consent of both me and husband since it was a joint return. Of course husband got the refund so he is happy.

 

[Just Blue]

What is the name of your state? TX

My husband and I are seperated. My mother in law has filed our taxes for several years. This year I told her not to as my husband and I were seperated. She filed our return as a joint return and had the refund check mailed to her address. If we had filed seperate, my husband would have owed. I was the one getting money back. Do I have grounds to file against her for violating my civil rights? My husband and I are not divorced yet (That is a whole other story). I reported it to the IRS but will not do anything without consent of both me and husband since it was a joint return. Of course husband got the refund so he is happy.

Did you sign the tax form?? Or did someone forge your sig??

 

[pamdodson]

mom in law kept refund

It was filed electronicly as far as I know. I did not know she had done it until I went in and tried to file and it said I had already filed 5 days earlier. I realize the refund is part of the divorce settlement but was wondering if I could sue Mom in law for violating my rights or something like that

 

[dallas702]

What do you mean your MIL has filed your taxes? Did she prepare your taxes and you and your husband both signed? Is she a professional tax preparer? She cannot legally file a return of your taxes without your signature. Maybe you should be talking to your husband. Apparently, he's the one still tied to the apron strings, and he is the one who got the money. Obviously, that's illegal. The two of them sound right for each other.

What "divorce settlement"? You aren't divorced and there's no settlement. Perhaps a call to the FBI might be fruitful.

 

[pamdodson]

Yes she is a manager of a Jackson Hewitt Tax Service. According to my lawyer I will get half the refund when in the divorce but I wanted to know if Mom in law had violated my civil rights by filing my return without my permission. We were seperated when she filed the return. I called the IRS and they are investigating it for fraud but it takes a couple of years. I know sometimes when there is a chrime you can also file a civil suit (like the OJ Simpson thing) but did not know if I had grounds for such a thing. The IRS will not give me anything as I must have both signatures on a joint return to even get a copy of it. Just wanted to know if there was something I could do to the mom for what she did.

 

[dallas702]

Try posting under one of the Criminal sections and see if you get some answers.

I still don't think waiting until the divorce settlement is an option at all. Who knows when that might be. However, it makes great fodder for a judge to pound your STBX with.

 

[pamdodson]

thanks I will try that.

 

[rmet4nzkx]

Have your attorney subpoena a copy of the tax return.
Prepare your tax return as married filing separate and attach documentation as required.
Publication 3512 (Rev. 3-2001)
s_tree/index.html. If you believe you may qualify for relief,. file Form 8857, Request for Innocent. Spouse Relief. IRS will consider all the ...
http://www.irs.treas.gov/pub/irs-pdf/p3512.pdf
Innocent Spouse Tax Relief
Information from the IRS on help for spouses who have tax liability because of erroneous filing by a partner. Batterers may threaten to use legal issues ...
http://www.irs.gov/pub/irs-pdf/f12507.pdf
Report MIL's fraud to corp head qtrs & IRS