Legal Question in Tax Law in New York

Income Tax fraud

My daugher cashed & used my tax return checks for herself, can I file charges against her?


Asked on 9/08/08, 10:49 am

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Income Tax fraud

The unauthorized taking of a tax refund check is the same as the unauthorized taking of any other type of property. In all probability the endorsement of the check was a forgery. It appears that criminal complaint could be lodged.

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Answered on 9/08/08, 11:35 am
Nancy Delain Delain Law Office, PLLC

Re: Income Tax fraud

I know you're mad at your daughter right now, but do you really want to press *criminal* charges against her? These have some pretty serious ramifications, and they don't often result in the victim getting restitution of the money that was taken.

My guess is that you actually just want your money back. It is very possible that you could sue your daughter in civil court for return of the funds.

A call to a business lawyer who handles litigation is in order. Get a referral, if you need one, from the NYS Bar Association (www.nysba.org) or your local county bar association. Or feel free to call me. Note that I do not handle criminal matters.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 9/08/08, 11:50 am


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