Legal Question in Tax Law in Pennsylvania
Taxes not filed last 2 years
My husband and I got married in 1983, and file taxes jointly. I haven�t worked since 1998 due to chronic health issues. In 2004 he went into business for himself, and used a public accountant to file his 2004 taxes. My mother was very sick in April 2005 and I was with her when they came due. He signed my name which isn�t a problem.
Since then I can�t get a straight answer out of him about whether he has filed taxes for 2005 and 2006. He is supposed to be saving money to pay his federal and state taxes and I don�t know that he is, as his business banking is separate from the household. He has told me that he can�t afford to pay them. He rents the back of an auto parts store for his machine shop business and they handle all the invoicing, paying him once a month. We can�t afford health insurance, and always seem to be one month away from being homeless.
He has lied to me before. I�ve thought about calling the IRS and asking if he�s filed and signed my name again. I don�t want to get him in trouble, but I don�t want to be in trouble either.
I�m waiting for the kids to grow up and move out, then I�m leaving. Is there anything I can do to protect myself from a situation that I seem to have no power to change?
1 Answer from Attorneys
Re: Taxes not filed last 2 years
If a joint reurn was fileed you can request a copy of the return from the IRS. Go to their website to send the correct form. If he filed something that was not correct and signed your name or filed such a return and ommitted information you can try to claim innocent spouse provisions of the IRS code which may alleviate you from responsibility. You should contact a accountant or lawyer familliar with these matters.
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