What Do I Do if a Parent is Filing a False Tax return for My Child?

Full Question:

my former husband told my daughter (18 years old) that she has $34,500 in a UGMA. But, he will not give her any information about the account. He told her to report it on her Fafsa which she did. Prior to that I filled out the Fafsa based on my income only and qualified for grants for my daughter. He also filed a tax return in her name without her knowledge using her social security number. She spoke with the IRS after a document came to her saying that she owed money. The IRS told my daughter that she had a Wachovia account which she does not have. I think maybe he is working the tax system using my daughters information. I had a protective order for three years as he is violent and I do not want him to hurt myself or my daughter. Although he does badger her and she is afraid of him. Any guidance would be greatly appreciated Thank you
06/29/2010   |   Category: Taxes   |   State: Massachusetts   |   #22512

Answer:

In the case of fraud, the penalties can be significant.

If there is any underpayment of tax on your return due to fraud, a penalty of 75% of the underpayment due to fraud will be added to your tax.

Also, a person may be subject to criminal prosecution (brought to trial) for actions such as:

Tax evasion,

Willful failure to file a return, supply information, or pay any tax due,

Fraud and false statements, or

Preparing and filing a fraudulent return.

If you suspect or know of an individual or company that is not complying with the tax laws, you may report this activity by completing Form 3949-A. You may fill out Form 3949-A online, print it and mail it to:

Internal Revenue Service
Fresno, CA 93888

If you do not wish to use Form 3949-A, you may send a letter to the address above. Please include the following information, if available:

Name and address of the person you are reporting
The taxpayer identification number (social security number for an individual or employer identification number for a business)
A brief description of the alleged violation, including how you became aware of or obtained the information
The years involved
The estimated dollar amount of any unreported income
Your name, address and daytime telephone number
Although you are not required to identify yourself, it is helpful to do so. Your identity can be kept confidential.

Please see the information at the following links:
http://www.irs.gov/individuals/article/0,,id=106778,00.html
http://www.irs.gov/newsroom/article/0,,id=202335,00.html