How Concerned Would You Be?

Updated on October 01, 2011
F.O. asks from Beverly Hills, CA
9 answers

So, once again I get a call from MY atty stating soon to be EH wants to file joint tax return for 2010 according to his NEW atty. This issue was already pushed off the table in court and cost thousands of dollars in the process of protecting myelf. THEN he tried to do it independent of an attorney. I didn't respond. Now he has a new attorney and he's trying again through this lawyer. FYI his atty called mine and she has a duty to ask even if we don't agree.

He doesn't want to exempt me from tax audit seeing that he has a lot of dealings going on that he doesn't report. He grossed over the past 3 years, APPROX $200,000 ($67k/year) and claims to only have $2,000 in savings. We didn't make any big joint purchases, we weren't traveling and dining out, and going on shopping sprees. Who knows what he did with his money but according to the rules he has to show how he spent his money and I think this is going to be a huge problem for him when we finalize everything. His average income over the past 3 years is $83,000, so that is something to sneeze at considering we didn't have ANY substantial expenses in the house, just basic bills, he was debt free.

Why does he insist on filing joint and not take into consideration the "innocent spouse relief? His atty is pushing his agenda to the point of annoyance/harassment. If you're not familiar with the "innocent spouse tax rule, visit www.irs.gov

How concerned would you be at this persistence? I have more assets than he has and I know one wrong decision with him in this aftermath could cost me everything and right now he knows I could use the money but I am pulling from every resource conceivable until I start working a temp job next week. I will not budge.

I can't believe he's persistent. Something stinks!!!!!

What can I do next?

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S.L.

answers from San Francisco on

You sound like you're a little afraid, because of his persistence.

Just tell him no, and that if he continues to ask, you will hire a forensic accountant to crawl so far up his client's a*s it will cost him much more than what he's trying to accomplish with the joint filing.

Trust me, he won't ask again after that.

2 moms found this helpful

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S.B.

answers from Houston on

I would say no and don't ask again! You attorney needs to get bullish and tell them enough with this issue. The answer is NO! He's up to something and he is trying to cover himself. Don't do it! Listen to your attorney. There is a reason why you are paying all this money to her! Good luck!!!

3 moms found this helpful
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S.Y.

answers from Chicago on

Say no - final answer and asked not to be contacted on this matter agian by his attorney again...but to have every thing run through your attorney.

3 moms found this helpful
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M.P.

answers from Portland on

I would go on my attorney's advice. If you know your ex is under reporting you have a legitimate need to protect yourself. My philosophy in general is to not be a part of anything that is illegal or even questionable. There is no way to know ahead of time what the government will do. Better to be safe than sorry, as the saying goes.

As to his persistence I'd assume he is looking out for himself and is not concerned for your well being. I'd tell his attorney that all communication is to be done thru your attorney and then stop worrying about it.

I've not heard of a tax advocate but if there is one I"d talk with them to get information and advice. I've found that nearly everyone that I've talked with at the IRS has been helpful. I've talked to several over the years.

2 moms found this helpful
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R.J.

answers from Salt Lake City on

tell him no have your lawyer tell him NO- he has done something and is looking for someone to take the fall- Apparently not a very trustworthy or nice man- lawyers can be snakes dont trust it just because his lawyers says to- if it continues report him for harassment.
good luck

2 moms found this helpful

T.N.

answers from Albany on

The answer is no. If you are single now, you are looking out for your OWN best financial interests.

Lawyers can and WILL ask for crazy things, looking for someone dumb enough to think they HAVE to. You know better.

:(

1 mom found this helpful
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T.F.

answers from San Francisco on

I agree that he is pushing for a reason, even if it's misguided. Do what will protect you from his misdeeds and stick by it. Don't be surprised if he keeps pushing to get what's best for him, right or wrong. Afterall if what you say is true and he's broken the law this shouldn't be surprising. Do you have an attorney? One that is knowledgeable about tax law or can find out?

1 mom found this helpful
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M.M.

answers from Lake Charles on

First off get a tax advocate NOW even if it's just to let them know whats going on, the IRS supplies them for free and next time the atty calls and says "he wants to file joint" say f*ck off and stop calling me. Simple as that! Obviously you've done everything right so don't let that all go.. and if you DO get audited then yeah, file under innocent spouse and you should be okay, it'll be a big headache but first things first, speak with an advocate and see what they think! Stand your ground and if the atty keeps calling tell him you'll call the cops and get a TRO if you need to..

1 mom found this helpful

K.I.

answers from Los Angeles on

IDK...but just wanted to add that $200,000 GROSS (before taxes) over 3 years is NOT a lot of $!!!

So, I am slightly confused by your question? That's like roughly $50,000 if not LESS per year?!

1 mom found this helpful
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