Can a spouse sign your name on income tax forms?
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My husband has signed my name on the past 5 years income tax...I ask him to let me see and sign it but he never did...I called our CPA and told him and he said that my husband could be in a lot of trouble. I know my husband doesn't tell the truth..we have been married 17 years..but the last 5 have changed dramatically. How much trouble could he be in?
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Answer:
wow allot and it's club fed time he's looking at. no he can NOT sign your name unless he has power of attorney for you
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Other answers
Forgery and fraud are crimes.
Tim
It's criminal act to sign someone's name unless you have power of attorney for them at the time. He'll only be in trouble if it comes to light. What you CAN do - is contact the IRS and ask for copies of the past five year's returns. Given a few days' notice, you can go pick them up at a local IRS office. I would definitely see what the heck he has been signing your name to. He might just be controlling - or he may be committing some serious tax fraud, which he's hiding from you because he knows you'd question him. If you don't find out, you could be charged with fraud as well, if that's the case, and it ever comes to a head.
Cat
The CPA was supposed to see both of you to ensure that you were consenting to the tax return. However, the IRS often considers this claim and still rules that there was tacit consent to the return being filed even if you didn't sign.
Quick Answers
Everyone always gets this answer wrong... Actually, yes. In most cases, he can sign your name on the returns. As a spouse who knew he was filing the returns, it's inferred that you gave him consent. You allowed it to happen for at least five years in a row, and established a pattern of placing him responsible for filing them. If you had been unaware of him filing the returns, or had not intended to file a joint return, then you might have an argument, but the way it sounds, that's not the case. You haven't said anything to your CPA prior to this that you were concerned, so you have no way to prove that you might have been bullied into not signing them, and actually had a problem with it, which MIGHT have given you a case, but would have required a lot of proof. In the event that something is going on, and he's been misreporting income, etc., you might be able to file for Innocent Spouse Relief depending on the situation. Hope this helps!! If there is more to your situation and you wish to do more research, here's a good starting case: Herman Klayman, TC Memo 1979-408 I know there are sites where you can look these up outside of the research sites we use. This case also has plenty of references to others ones if you're interested. If you still have more questions, just ask!
starlight_chic06
Fraud on a federal form. That's a serious thing. But the bigger problem is why did he do it? Sounds to me like he didn't want you to see how much of a refund you were getting so he could spend it one what he wanted. Talk to the CPA who filed the returns and get a copy. You can also go in to an IRS branch and get a printout of your tax history. Find out what he is hiding, and go from there.
Meghan
NO if your both filing together then you both have to be there.
Ms.Already
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