Today TaxMama hears from John in the TaxQuips Forum. John tells us “my client’s ex-husband filed their tax return online last year and had the refund check deposited into his own account. My client did not get to see the return until it was forced out of her ex-husband during their divorce case.” (there’s more…)
This fellow filed a fraudulent tax return on so many levels. First of all, it’s forged. He forged his wife’s signature or lied about her pin. Second, you’re right, he is not entitled to the energy credit. And who knows what else is on that tax return.
All she needs to do to get him into a big trouble is to file her own married filing separately tax return for the year. Include a cover letter spelling out that the original MFJ return was fraudulent. That she didn’t file earlier because she didn’t know what to do about it. That her husband bullied her into preventing her from filing her own return, and insisted she could not do that once he had already filed.
Do not include the energy credits on her return. Her filing her own return will initiate an investigation into his return.
Good luck. And I hope she has a better life.
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