Legal Question in Criminal Law in Michigan

Irs

My cousin is in prison, his ex-wife filed his taxes, claiming his daughter on her return. His daughter only resided with him. She has also had his stimulis check direct deposited to her account. Can she be charged with a crime. She does not have Power of Attorney. She alsohad access to his bank account and stole his social security deposits.


Asked on 7/25/08, 7:21 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Irs

If she did not have permission to file his income taxes or take money that wasn't hers, then yes, that is a crime, including theft, and possibly identity theft, and fraud. Have you tried to talk to her about this? Perhaps she does have authority to handle his financial affairs, and you simply aren't aware of it, or your cousin forgot. If not, then your cousin needs to file a police report and contact the IRS regarding the fraudulent tax return filed on his behalf - and also request a copy to verify that the signature was forged.

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Answered on 7/26/08, 12:58 am


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