Wording for Tax issue

[IslandOwl]

I need wording help or suggestions regarding the following situation.  Anyone knowledgeable?

We are trying to do a fairly amicable divorce after marriage of only one year.  November 2004 - separation November 2005.  We want to put something in the Settlement Agreement that states that we each are responsible for our own taxes for 2004.  What wording would work?

We married (spur of an emotionally high moment) on November 21, 2004 which is an issue regarding 2004 taxes which the DHX never filed!  Turns out he also has never filed 2003 and probably other previous years too but those are not my concern.  2004 is because IRS looks at us as married and responsible for each other's activity if a couple is married as of the date of December 31 of any year - even if you did not know the guy for most of the year!  We were legally separated by the end of 2005 so that year is not at issue even though (needless to say) he has not filed for 2005 either. 

I have tried consulting some tax attorneys about this but all of them have said it is not the kind of tax issues they cover and the domestic dispute lawyers are equally at a loss!

[Kidssew]

IRS goes by marriage dates, not separation & not wording in an agreement. You are not required to file with your spouse, but you do have to file such as "marrried filing separately" as long as you are married on Dec 31st of any year. You need to get with a tax preparer & see how to back track & cover your own rear for 2004 & 2005. There may be penalities but the longer it goes without proper filing, the worse it will get. Don't concern yourself with what he didn't do prior to your marriage or after, just take care of #1 ASAP.

[Lee Borden]

In the strongest possible terms, let me suggest that you NOT file a joint tax return with your husband for any year, under any circumstances. I'm pleased that you're able to be amicable now. Filing separately is by far the simplest way to ensure that things stay amicable. I expect that you'll pay a little higher rate by doing so, but you'll avoid getting sucked into your husband's checkered tax compliance history, and you'll probably never know how much money and peace of mind you will have saved.

[livealittle]

you need to file any taxes not already filed pronto. 

file married filing separate for the year(s) you were married to your x/stbx on Dec 31 and single the other years. 

If you already filed something and need to change it, file a 1040X which is an amended return.  It's done all the time and does not necessarily raise red flags - depends on the reason for the amendment. 

consult a CPA who is reputable and has been in business for a while (10 + years).  Easy enough to find one, start asking word of mouth - call businesses you frequent - vet's office, hair stylist, car repair garage, etc. etc.  your entrepreneurs and small businesses will tell you which CPA's are good and which are great.  Do some homework and get this taken care of ASAP.


I worked at a CPA firm......so I have experience here....