I left my husband on December 28, 2009. I have asked him to file taxes together because we have 1099s and he will not. Can I file Maried filing seperate and then sue him for the amount that we would have gotten if we would of filed together.
Asked on 2/12/10, 5:59 pm
1 Answer from Attorneys
Ronald Cappuccio
Ronald J. Cappuccio, J.D., LL.M.(Tax)
First, you can always file a married filing separate status tax return even if you are still living together! Secondly, there is no legal right read to compel your husband to file jointly. Therefore there is no right to sue him for the extra taxes that you have to pay by filing separately. On the other hand, your divorce attorney may be able to bring this matter up as part of the divorce action and the court may make an adjustment.
I hope this helps!
Ron Cappuccio
www.TaxEsq.com
Answered on 2/18/10, 8:25 am
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