Question

Monique was previously married but is currently divorced. In 2017, prior to the divorce, her ex-husband received a distribution from his pension plan in the amount of $250,000. When it came time to file their taxes, Monique asked about the distribution and was told by her husband that he had consulted with a CPA and was told that because part of the funds were used to pay off a mortgage there was no taxable income to report. With this information, Monique signed the joint tax return that her husband had prepared omitting the $250,000 distribution. The divorce is now final, and Monique has received a letter from the IRS indicating that no tax return was received. Apparently, her ex-husband never filed the 2017 joint tax return. Monique has hired you as her new CPA and wants your advice on what steps she should take in response to the IRS notice. She has provided you with a copy of the tax return that includes the signatures of herself and her ex-husband. Should you advise her to file that tax return? If not, what are some of the other possible steps that Monique can take to resolve the IRS problem? What other information do you think you might get from Monique and/or the IRS before making a recommendation? Please reply to at least one of the posts by another student. Replies are part of the grade for the discussion assignments. Please see the Discussion Rubric posted in the General Information module.

Answer 1

In this case no, there is no need for Monique to file the tax return which was no filed by her ex-husband since, she has already provided a copy of the return containing the signatures of her and her ex-husband. Thus, Monique has not violated any of the provisions and rules of IRS hence, she need not file any return on behalf of her husband.

Some of the steps that Monique can take to resolve IRS problem are as following:

I. Monique should definitely submit her return company containing the signature of her and her ex-husband to the IRS.

II. She should raise the concern with the appropriate authority to show that she has complied with the rules and regulations of IRS to file the income tax return with her ex-husband.

III. She should apply for relief to IRS if needed for filing income tax return for the contravention of rules by her ex-husband.

Following information can be derived from Monique and IRS before making recommendations:

I. Whether truly Monique’s ex-husband has not filed the return?

II. When exactly the divorce between Monique and her husband took place?

III. Was it necessary to file joint income tax return this year?

IV. Was the amount of distribution received by Monique’s ex-husband tax free or taxable in the hands of the recipient?

V. Others.