Help! Someone Forged My Name On A Tax Return

Help! Someone Forged My Name On A Tax Return

Posted on by

Has someone forged your name on a Tax Return? Maybe your spouse?  What do you do?

When a spouse establishes his or her signature on a joint return was forged and there was no tacit consent to the return as filed, the joint election will be  invalid.

Again, the relief from joint and several liability provisions do not apply. Why? Because the IRS will not accept the tax return once they become aware of the proved forgery.

The individual claiming his or her signature was forged is not jointly or severally liable for liabilities arising from such a return if the signature was indeed forged. The Cincinnati Service is designed to work these cases.  The  IRS form Form 8857, Request for Innocent Spouse Relief will be used in these cases.

If you look at line 11 of the Form 8857, Innocent Spouse Relief, it asks the Requesting Spouse whether the signature was forged.

A married filing separate tax return may need to be secured from the spouse claiming forgery if a return is required for the period, or if the taxpayer may have been entitled to a refund. You will have to document the case for the IRS. You will want to get copies of your signature and develop a case file for the IRS. It makes cases easier to work.

A Requesting Spouse who raises the issue of forgery and later determines he or she would owe more tax if he or she filed separately, may choose not to pursue the issue of forgery.Yes, you may not want to pursue the case. It will be cheaper to leave it alone.

In situations where the spouse claiming forgery failed to file despite having a filing requirement, the circumstances surrounding the alleged forgery should be investigated. An interview with the other spouse can be considered by the Internal Revenue Service when developing the tacit consent issue. The IRS as a practical matter has very little time to work these cases. However, on a larger dollar case it could fly.

The Internal Revenue Service can consider referring the individual who forged the signature and any other individual associated with the forgery to the Criminal Investigation Division.

Side note:  Cases that can go to the CID would be large dollar multiple year type of cases or possible high profile individuals.

This entry was posted in IRS Tax Advice. Bookmark the permalink.

Call We Can Solve Your Tax Problem Immediately!

Member Of NSA, FICPA, NAEA, Better Business Bureau Accredited Business

: Home: The Firm: Tax Solutions: FAQs: Testimonials: Media Center: Press Releases: IRS Forms: Blog: Contact:
: Site Map: Privacy Policy:

: Immediate Representation: Received IRS Letter: Remove IRS Wage Garnishment: Remove IRS Bank Levy: Installment Agreements:
: Release Tax Liens: Unfiled Tax Returns: Negotiate Offer in Compromise: Innocent Spouse: Settle Payroll Liability / 941:
: Apply for Hardship Status: Large Dollar Cases: 165 Theft Loss Tax Deduction: Owe 401k IRS Taxes: Christian Tax Professionals:
: IRS Tax Audit: Florida Sales Tax Problems: Florida Tax Attorney: Income Tax Return Preparation:

 

Fresh Start Tax provides solutions to your IRS Tax Problems in South Florida including the Palm Beach, Broward and Miami-Dade Counties and the cities of:
Miami, Fort Lauderdale, West Palm Beach, Weston, Plantation, Boca Raton, Delray Beach, Hallandale, Deerfield, Pompano

Now providing Tax Solutions to Highlands County including Sebring

*Mr. Sullivan has been in private practice since 1982 in South Florida which gave roots to Fresh Start Tax LLC.
The firm began as Sullivan & Powell PA and through the years transitioned to its now current form.

All attorneys are retained by separate engagement on all tax cases to maintain attorney client privilege.
They have the option if retaining fresh Start tax LLC by engagement or on certain cases by use of a Koval letter.
Should you have any question you can speak directly to the attorneys or lawyers themselves.
Anthony M. Verni is admitted to practice law in the state of New Jersey and licensed as a certified public accountant in the state of Illinois.
Frank Andreacchi, Ed Vecchio and Scott Szaro are no longer with the company and are pictured on our site.

Disclaimer: No Rendering of Advice - The information contained within this website is provided for informational purposes only and is not intended to
substitute for obtaining accounting, tax, or financial advice from a professional accountant. Presentation of the information via the Internet is not intended
to create, and receipt does not constitute, an accountant-client relationship. Internet subscribers, users and online readers are advised not to act upon this
information without seeking the service of a professional accountant. Any U.S. federal tax advice contained in this website is not intended to be used for
the purpose of avoiding penalties under U.S. federal tax law.

Accuracy of Information - While we use reasonable efforts to furnish accurate and up-to-date information, we do not warrant that any information
contained in or made available through this website is accurate, complete, reliable, current or error-free. We assume no liability or responsibility for any
errors or omissions in the content of this website or such other materials or communications. Call Fresh Start Tax at 954-492-0088.

Disclaimer of Warranties and Limitations of Liability - This website is provided on an "as is" and "as available" basis. Use of this website is at your own risk.
We and our suppliers disclaim all warranties. Neither we nor our suppliers shall be liable for any damages of any kind with the use of this website.

Links to Third Party Websites - For your convenience, this website may contain hyperlinks to websites and servers maintained by third parties. We do not
control, evaluate, endorse or guarantee content found in those sites. We do not assume any responsibility or liability for the actions, products, services and
content of these sites or the parties that operate them. Your use of such sites is entirely at your own risk.

© 2014 Fresh Start Tax : All Rights Reserved :