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Old 10-12-2015, 03:14 PM
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Exclamation Desperate for help!!!!

Hello and thank you in advance for any help you can provide. I have so many questions I hardly know where to start....
We were married for 21 years and had five sons. Their ages now are 22(living at home with his dad), 18(moved out), 14, 10 and 4. I fled the relationship in January 2014. I have no intention of gaining anything from the marriage. I do not live in the same state anymore. The house if in foreclosure and bankruptcy needs to be filed in order to stall it. With four kids living in the house and our credit situation the likelihood of him finding suitable housing is very slim. I have consulted a bankruptcy lawyer but we will have to file at least the last three years of taxes before we can proceed. Here is the big problem.... From 1993, when we were married, till 2006 (I think) I kept the records and filed the taxes. After that he partnered with another guy and had a construction company. They hired an accountant and all the business records went through him from then till approx. 2010 when the company crumbled. I tried to get the records from the accountant to file our taxes ourselves but was told that since the accountant had not been paid they would not release the records to me! We bought a restaurant in 2010. Because of the state of our federal taxes we never filed anything....we paid the Florida sales tax but that was all I could manage to figure out.
So, now, how on earth do we straighten this out?! He has consulted with a lawyer friend of his that quoted us $10,000 ($5,000 each) to do it but neither of us make enough to make that happen. I need some advise, any advise, as to how to get started. Making things even more difficult, all the records we do have are in his possession, I have zero access to them. He is unwilling to try to find them on his own, he told the mediator in our divorce case that since I always did it he has no idea where anything is or how to find it and doesn't think he should have to. I have written him detailed emails telling him where I kept things, physically and on the computer that was left in his possession. I have pulled our credit reports but I do not know how to go about figuring out what is going on with the taxes!
Any ideas? Please let me know.
Thank you!!!


Last edited by brandyjop : 10-12-2015 at 03:43 PM. Reason: more descriptive title


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Old 10-12-2015, 09:20 PM
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We were married for 21 years and had five sons. Their ages now are 22(living at home with his dad), 18(moved out), 14, 10 and 4. I fled the relationship in January 2014. I have no intention of gaining anything from the marriage. I do not live in the same state anymore. The house if in foreclosure and bankruptcy needs to be filed in order to stall it. With four kids living in the house and our credit situation the likelihood of him finding suitable housing is very slim. I have consulted a bankruptcy lawyer but we will have to file at least the last three years of taxes before we can proceed. ==>I see.I guess judicial foreclosure law varies from state to state.

• Here is the big problem.... From 1993, when we were married, till 2006 (I think) I kept the records and filed the taxes. After that he partnered with another guy and had a construction company. They hired an accountant and all the business records went through him from then till approx. 2010 when the company crumbled. I tried to get the records from the accountant to file our taxes ourselves but was told that since the accountant had not been paid they would not release the records to me!=====>> There are a few variables to this, some of which depend on the type of accountant you are dealing with, a CPA, an Enrolled Agent, a State licensed preparer, or an unlicensed preparer, an actuary, etc. CPAs Enrolled Agents and State licensed preparers also have ethical boundries that address this issue. If you are dealing with a professional, I would be surprised if they don't return the documents when pressed. If that fails, the State society or licensing board can help.


NOTE; UNLESS you file your return as MFJ with your ex, his share of the LLC income is NOT reported on your 1040 tax return ( as you do not file your return as MFJ).Also, No, you cannot obtain the tax records/a copy of your ex returns even if you are married to him. You can only obtain copies of returns that you filed, either individually or jointly with someone else. Aslongas you filed MFS and listed your ex's name and SSN# on your return as you are required to do and the ex tried to file a joint return with anyone including you , then his return would kick out for an invalid filing status. If you are legally entitled to claim your kids, you should do so. If anyone else tries to claim them the IRS will automatically investigate the matter and will award the exemptions according to the law and the proof provided by each taxpayer.








We bought a restaurant in 2010. Because of the state of our federal taxes we never filed anything....we paid the Florida sales tax but that was all I could manage to figure out.
So, now, how on earth do we straighten this out?!====>As mentioned above.

He has consulted with a lawyer friend of his that quoted us $10,000 ($5,000 each) to do it but neither of us make enough to make that happen. I need some advise, any advise, as to how to get started. Making things even more difficult, all the records we do have are in his possession, I have zero access to them. He is unwilling to try to find them on his own, he told the mediator in our divorce case that since I always did it he has no idea where anything is or how to find it and doesn't think he should have to. I have written him detailed emails telling him where I kept things, physically and on the computer that was left in his possession. I have pulled our credit reports but I do not know how to go about figuring out what is going on with the taxes! ========>>>>I guess this is a legal issue and you need to talk to tax attorney;



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Old 10-13-2015, 12:35 PM
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Thank you Wnhough for your response . Only 2014 and this year will be filed separately, all others would be MFJ since we still lived together during those years. Frustratingly, I guess the only thing we can do is pay a lawyer but this is the biggest problem since we are both barely surviving at this point



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Old 10-13-2015, 05:06 PM
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Quote:
Originally Posted by brandyjop View Post
Thank you Wnhough for your response . Only 2014 and this year will be filed separately, all others would be MFJ since we still lived together during those years. Frustratingly, I guess the only thing we can do is pay a lawyer but this is the biggest problem since we are both barely surviving at this point
If the tax preparer has filed the returns with the I.R.S. and those returns have been processed, then you can contact the I.R.S. to receive a return transcript ; itis not exact photocopy of filed return, but it will have all of the information entered on the filed return.



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