Tax Return Innocent Spouse Relief – Forged Signature

October 19, 2010
Written by: steve

Being involved with IRS work for the past 38 years, I have seen many tax returns forged by one spouse. It is almost becoming commonplace. What can the innocent or injured spouse do?  There are two courses of action that can take place.
1. The innocent/injured  spouse can turn the case over to the Criminal Investigation Division of the Internal Revenue Service. Contact the IRS Office closest to you and report the felony/spouse.
2. File Form 8857, Innocent Spouse Relief.
You may be eligible for relief, but relief does not fall under the innocent spouse rules. If you can establish your signature was forged, and there was not tacit (implied) consent, the joint election is invalid and you will only be liable for your separate tax liability.

Filed Under: IRS Tax Advice
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