Our separation agreement states “parties will file married filing a joint return for Federal and State income taxes, or whichever status provides the best advantage to both parties.”
Federal - Pay $1754.00
State - Refund $300.00
Federal - Pay $5300.00
State - Pay $3770.00
Federal - REfund - $882.00
State - $0.00
Obviously there is NO “advantage to both parties.”
In March I sent her a letter and a check for 60% of Federal taxes due (MFJ) and stated she could keep the State refund. I also stated “accept this check and go ahead and file electronically then forward me copies.” The memo on the check stated “60% of 2008 Federal taxes due”
She cashed the check. Therefore I assumed (as did my attorney) she accepted the agreement.
Today I receive a letter from her advising me she filed separately and that I had until the 15th of October to do the same. She stated that she filed an extension in my name and sent the amount of the check to my IRS account.
- Did she accept a legal binding offer by accepting the check? (I made an offer and INHO she accepted by cashing the check)
- Is there possible tax fraud involved by her submitting an extension in my name without my consent?
- What actions/recourse do I have if any?
I have an appointment with my attorney on Thursday but woyull appreciate any advise/information that anyone can offer.
PS…she’s the one that found a new boyfriend and left, but now wants me to file for divorce…go figure…The year was up on Oct 4th. I’ll be filing ASAP