Legal Question in Family Law in Massachusetts

Couple are divorced both names on mortgage and woman lives in house and man does not for 6 years now. Divorce Cree clearly states woman claims it on taxes. Woman is unemployed and does not do taxes. Man sees opportunity to get a greater refund. Man does not pay mortgage, principles and interest and claims it on his state and federal taxes for false deductions for 4-5 years. It is evident his refund is mailed to a different address where he resides then the house he claimed. His attorney tells him it is alright and he does not think he can get into trouble. Man gets caught by IRS, can attorney get into any trouble for giving wrong advice and going along with it? Is tax fraud a felony? What if it is a State employee who is doing this?

Asked on 11/06/09, 11:49 pm

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1. Attorney may be guilty of malpractice and the man may have a lawsuit. he needs to contact a malpractice attorney;

2. Tax fraud can be prosecuted as a criminal matter by the IRS or it can chose only to act by seeking only civil penalties and interest.

3. Such an action is grounds for dismissal from state employment;

4.. Assuming the interest was deducted on the State Tax returns as well, there may be tax interest and penalties due to the State of MA.

Good Luck

Answered on 11/12/09, 12:57 am

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