Legal Question in Tax Law in New York

Tax problem with ex husband on owed tax

My ex husband filed a joint return in 2005 ( we divorce in 2006)without me signing and he told me he was going to pay the taxes for that year because he owed me money for the previous years taxes which i had paid.I found out that he didn't paid them ad the IRS last year kept my return ( he always underpays so at the end of the tax year he owes the irs and doesn't get a refund).I try to file an innocent spouse but they said i had the intent to file a return because my income appeared on the joint return. I also saw that he had some dubious deductions for that year.Can refile a new return for that year but married filling separately? Any other suggestions so i can have him pay the taxes.I don't want the same thinh happening as last years

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