Legal Question in Criminal Law in New Hampshire

irs check forgery

After being divorced for 3 years, my ex-husband submitted an amended irs return for a year when we were married. Thinking I'd never find out about this check, he signed both his name and mine. The irs notified "us" of the coming check but used my address instead of his, or else I would have never known. He previously convinced me to sign over another amended return refund from almost 10 years ago because, as he explained, "it was for taxes". What are my rights? What are the consequences of such a forgery? Can I open a civil action on the check I did sign? How do ex-wives protect themselves from such behavior? Also, because he now has the business and I don't, does that mean I am not entitled to these returns? Love some answers!


Asked on 3/26/98, 5:51 pm

2 Answers from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Amended tax returns. ..

Were I you, I would seek counsel to assist unless you have a working knowledge of tax law: either attorney who advertises tax law experience or your personal tax preparer to inquire further about amendment prior to contacting IRS, e.g., what did the amendment accomplish?

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Answered on 4/11/98, 9:36 am
Barbara C. Johnson Law Office of Barbara C. Johnson

IRS checks for amended tax returns

You have several issues to inquire of an attorney:(1) the procedures of the IRS when sending refunds as a result of amended jointly-filed returns of now-divorced spouses, (2) the statute of limitations on the other event (i.e., how long ago did amend the 10-year-old 1040?) (3) what does your divorce agreement say (did it address tax issues that would arise from previously filed returns, etc.),(4) was there any fraudulent representation by hi at the time of the divorce (I cannot tell what it is our ex was amending),(5) forgery belongs in the realm of a criminal atty. You simply have not provided enough facts to respond in a meaningful way to you -- i.e., in any way beyond raising more questions. The only sound advice that can be given you at this jucture is to tell you to find a good local atty, bring him or her the documents, and go at it.Good luck!

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Answered on 4/13/98, 1:03 am


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