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6 Answers

Can my ex husband amend a tax return from 2010 without my consent?

Asked by: Jesica Hogan 1621 views YA Discussion

I just received a bill (CP22A) from the IRS saying I owe money because of changes that I requested to my 2010 tax return. I am divorced now. But at the time we were married filing joint. I included my W-2 and he had his. Apparently he amended it because he had additional income that he did not include when we filed together (and I had no knowledge of).

Can he amend our joint return without my knowledge or consent. And if so, why would they send only me the bill?

6 Answers

  1. Quick Answers on Aug 20, 2012 Reply

    You both on the MFJ return, so you both got bills.
    The IRS would have added the missing income anyway.

    You can LOOK at IRS pub 971 and see if innocent spouse applies to you.

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  2. the kid on Aug 20, 2012 Reply

    They didn’t send only you the bill. You each got one.

    He was legally obligated to amend the return to incllude all income, as were you. You are both equally responsible for the new charges.

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  3. StephenWeinstein on Aug 20, 2012 Reply

    It does not matter.

    By law, once you file a joint return for any year, you are each liable for the taxes on all income of either one of your for that year, whether or not it is ever reported on a tax return. Even if he did not amend the return, you would still have to pay the taxes on the income, because it was earned in a year for which you filed jointly.

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  4. tro on Aug 20, 2012 Reply

    the 1040X for a married filing jointly return would require both signatures
    and I known many, many times, each spouse receives the same notice individually

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  5. Bobbie on Aug 20, 2012 Reply

    MFJ income tax return both taxpayers would get a copy of the same bill for this purpose.
    Now you will need to follow up using the information that you can find at the enclosed website to try and see what has really taken place here with this situation at this time.
    And ask them about any 1040X income tax return that you think might have been filed with your name and SSN on it and if that is what has happened ask them to PLEASE send you a copy of it at that time so that you can really see what changes might have been made IF he really did do what you think was done.
    And now since you are now saying that he did have some additional income that you and he did not include on the original filed 1040 income tax return for this tax year and you do say above that you did NOT have any knowledge about this missing income at that time that you did sign the original 1040 income tax return RIGHT.
    It might be possible for you to fill out and file the the injured spouse or the innocent spouse form for this purpose and time in your life AFTER you do find out what is really going on from the IRS about this NOTICE that you do have in your hand.
    Instructions for Form 8379 (12/2010) Injured Spouse


    Injured Spouse Allocation


    Publication 971 (09/2011), Innocent Spouse Relief


    Please contact us at the number listed on the top right corner of your notice for specific information about your tax return.
    What should I do if I disagree with the changes you made?
    If you disagree, contact us at the toll-free number listed on the top right corner of your notice.
    What if I have tried to get answers and after contacting IRS several times have not been successful?
    Call Taxpayer Advocate at 1-877-777-4778 or for TTY/TDD 1-800-829-4059.

    Understanding your CP22A Notice


    Hope that you find the above enclosed information useful. 08/19/2012

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  6. Judy on Aug 20, 2012 Reply

    No, your signature would be needed for him to file an amendment. But if you filed joint and the IRS found additional income that wasn’t reported on the joint return, you’d be liable too. You might or might not qualify for relief under innocent spouse provisions.

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