Legal Question in Tax Law in Illinois

what happens if the other spouse forges your signature on your federal tax return, but e-files it with an electronic signature?


Asked on 5/16/10, 7:37 pm

1 Answer from Attorneys

If your spouse did not have your permission to e-file, then you are a number of things you can do: 1) you can protest the tax under the innocent spouse rules; 2) you can file your own return with your own valid signature and await correspondence from the IRS and contest the original fraudulent filing at that time; 3) have your spouse file an amended return (1040-X) to change the tax to the "correct" position that you would have originally agreed to.

Of course, all of this is dependent on whether you agreed to the tax or not. If you did not, then you should challenge the return.

Good luck to you.

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Answered on 5/22/10, 10:23 am


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