Is it illegal for a wife to file a joint tax return without her husbands knowlege and keep refund?

ohuitsme: Is it illegal for a wife to file a joint tax return without her husbands knowlege and keep refund?
My brother and his wife have been seperated over a year and have filed for divorce. Just recently my brother found out his wife filed a 2007 tax return with him as head of household and received 0ver $ 2,500.00 refund. He never seen the tax return or signed anything or received any of the refund. What should he do?

Answers and Views:

Answer by mebo
He needs to make sure that his attorney knows about it so that it can be included in the property settlement.

Answer by man4u2know
yes…. its can cost you 5-10 years in jail….

Answer by noitall
He should mention this to his lawyer and make that money part of the divorce settlement. I believe he’s entitled to half (at least) since she filed and obviously forged his signature without his knowledge.

Answer by Maryn Bittner
Since his signature is required on a joint return, she’s committed fraud. His divorce attorney can advise him on how to proceed.

Answer by himangshudas44
U should take up the matter with tax authority and submit to them the real story with proof.

Answer by Kristy W
If I were him I would call the the IRS and explain to them what had happened… This sounds like tax fraud,Then I would be on the phone to whoever done her taxes and ask them some questions. And I know last year everyone got a stimulus check and she must have got that too.
She could be in alot of trouble for signing his name to but its not right that she done that to him. And how did she get all the information that you have to have to fell it out ,like his income for that year the taxes paid?

Answer by KitKat
Very illegal. He needs to contact the IRS, whoever did her taxes, and his attorney. That is fooling with the Feds, and they don’t like it.

Answer by Rebecca W
Had they been divorced this would have been highly illegal. But since they were only separated it is legal, unethical in the extreme, but legal. He could however use this against her during the divorce and request that she either pay half of that money back or that the amount be used as part of his settlement (ie if they have to split the house he gets an extra $ 2500).

Answer by ranger_822nd
and why didn’t he file his own return –
I would think that if he did not know she had done this – then he would have thought he had to file one – so why didn’t he????

Answer by someonesmsright
Of course forging someone’s name to a document is illegal. I’d discuss this with his lawyer. How did he find out? Can he get a copy of the tax return? Are their kids involved? If yes, maybe it’s better off to write off his half of the tax return and try to be civil with the mother of his children. It’s only money.

Answer by mariapavletic
If legaly married, tax return can be fill out “as married, not joint” in this case it is individual, each one is responsible of paying or receiving a return. The other choice for married people is fill out the tax return is a married and joint, is this case both signatures are required. Your brother should contact the IRS, and see what’s going up, and talk about with his attorney.

Answer by Garnet Glitter
She has to file married but separate…..he needs to include that refund in the ‘joint marital property’ file…..good luck.

Answer by Honey Bee
It is illegal… UNLESS he filled out the IRS 2848 form. The IRS 2848 is the IRS’ accepted form of power of attorney for tax purposes. I know this because my husband’s been deployed three times, and it’s a necessary thing to have (since the IRS does not accept ANY form of power of attorney other than the IRS 2848 form). Has he by any chance filled it out? If not, his wife is liable for tax fraud. He should contact his lawyer immediately, and definitely sue for the refund, as well as report her and/or press charges against her. I hope that helps.

Answer by ?
He needs to have “proof” first and second contact his attorney to let it be known when they approach a judge. I dont believe its illegal because they are married however I am not an attorney so seek the correct answer.

Answer by Afro
Tell him See a lawyer about half is his refund…
good luck