Legal Question in Tax Law in Georgia

My ex-husband, who is now deceased, supposed filed my returns for me for the las

My ex husband has been filing my returns for me (at least he said he did) for the last nine, or ten years. He passed away the end of last year. I received a notice from the IRS for a address correction from the compliance Center...this worried me. I called his ''common law'' wife, and she claims she has no such records. If there is a problem, can I go to jail? I would have no ''proof''!!!


Asked on 9/22/03, 2:36 pm

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: My ex-husband, who is now deceased, supposed filed my returns for me for the

It really depends on whether the proper tax was paid. I am not clear on what notice of address correction you are talking about. Usually, this is something you send IRS, not vice versa. Technically, your ex-husband cannot file your return for you, as you must sign it. However, if you clearly authorized him to sign it for you, IRS might consider it validly filed anyway. The bottom line is they will mainly care only about whether the proper tax is paid. If he never really filed them, and no tax was paid, yes, there is a possibility somewhere down the road for assessments, and even prosecution. Without seeing the actual notice you received, it would be hard to advise further. [email protected].

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Answered on 9/24/03, 4:30 am


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