Discussion:Taxpayer is missing; spouse want to file. How?
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Discussion Forum Index --> Tax Questions --> Taxpayer is missing; spouse want to file. How?
| 13 September 2007 | |
| no joke: Taxpayer has been missing since June of 2006; his wife wants to file becasue they are overpaid and she wants the large refund. Apparently he cannot be considered dead unless he's missing for seven years. The FBI, the Chicago CPD, cannot find him. How would the spouse file their 2006 return to get the refund back? Thanks! | |
TheTinCook (talk|edits) said: | 14 September 2007 |
| The issue here is who can sign for the husband. The only provision for the missing is if the person is in the armed forces or a civilian contractor and is missing in a combat zone. She can only file MFS, unless she has a valid POA or the spouse is declared dead. If either of those things happen later, she can go back and amned to MFJ. | |
| 14 September 2007 | |
| How do you know that the husband has not already filed a separate return to claim the refund? | |
| 14 September 2007 | |
| Are there children involved here so the wife could at least file as HOH? | |
| September 14, 2007 | |
| page 8 of pub 947 describes procedures for using Non-IRS POA, perhaps she should consult her attorney and try to obtain a POA, since her husband has been declared and reported missing, which she could use for other purposes also, other than tax filing,,,if MFS would produce any refund at all, she could go ahead and file and then amend later to MFJ if she has obtained POA, of course if she has income, she may be required to file anyway,,, from the original post, it sounds like the refund would be from his income? | |
| 14 September 2007 | |
| They do not have children and I know the husband has not filed seperately to get the refund. He is nowhere to be found. i will check Pub 947; thanks very much for your help. | |
| 14 September 2007 | |
| Out of curiosity, how did you determine the latter part of your statement?
"They do not have children and I know the husband has not filed seperately to get the refund." | |
| 14 September 2007 | |
| He and his wife are our clients; his wife wants to file the return do to the large refund they are due - she's in a cash crunch. | |
| 14 September 2007 | |
| I think Taxman7 hit on the best course of action, ie: consult a local attorney who specializes in family law. The IRS follows state law regarding marital status matters, and perhaps there is something in your state laws which would help decide a course of action. | |
| 14 September 2007 | |
| No one can be compelled to file a joint return. If the husband has no interest in filing a joint return, it would be futile to pursue him. It is fairly easy to locate a missing individual as long as he is using his legal name to pay his utility bills, phone bills, credit card bills, etc. | |
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