You are here

IRS and Injured spouse vent

I_GOT_THIS's picture

I files our taxes this year just like last year with the injured spouse form attached so that BM wouldn't get my share of the tax return. last year when we filed we got roughly 1/2 of our return back, the rest went to BM, which is fine, that was DH's 1/2.
THis year we filed the same form, but made a little more in 2009. When i called the IRS to see when we could expect a return i was told the IRS would be keeping more than 3/4 of our return. Was $4,500- we're getting $800 back. I'm irrate.
how can the IRS keep my portion of the return as well???? I normally claim my DS, doesn't that count for more than $800? I was under the impression the injured spouse form would mean my "part" of the return would not go to BM. The moron with the IRS told me this is figured by our joint income and plugged into a top secert formula, not divided in 1/2 like i thought.
anyone else have a similar experience with the IRS?

Comments

herewegoagain's picture

Why don't you change the number of dependents on your W4 at work? There are calculators on the irs.gov website that you can calculate almost to the penny how many deductions you should put, etc...this way, you KEEP your money during the year and at the end of the year you either owe a few dollars or get back a few dollars...I did this for years and literally I never got more than 20-30USD back or paid no more than that...it works great.

BTW, the IRS a couple of years ago when we moved back to the US actually sent DH a letter that his deductions could not be w/1 dependent or something...idiots...I think even though he was never late, it was the first time that we were back in the US after crazy witch took him to court and I know the state probably reported arrears etc to the IRS, even though they were never owed, etc...at the end of the day, he was able to solve the problem with the irs...in your case, since your DH does owe money, he might not be able to do this...but you owe her NOTHING, therefore, the IRS can't get on you...so because you file together, figure it out a few different ways on their site and make sure that you consider his income, etc...

SecondBest09's picture

I'm not sure how they figure it, but it would seem to me that common sense would dictate some type of ratio. For example if you and DH made the exact same amount AND had the exact same amount taken out of the taxes, then I would think %50 of refund would be attributed to him and 50% to you. BUT, that's probably not the reality of the situation. My guess is that the calculator takes into consideration the ratio of his income to yours as well as the ratio of his tax withholdings vs yours, which would not result in a 50/50 split. Maybe you could look at those figures and see if it comes out anywhere close to 3/4?

herewegoagain's picture

I bet you they figure your taxes separately or something similar and that's how they figure it...

frustratedinMA's picture

I would have filed seperately and kept my money. I also would have claimed DS. That is BS. Can you ask for a supervisor? If they wont amend that decision, tell them you want to amend the form to be married filing seperately and to NOT disburse funds based on that return.

I_GOT_THIS's picture

filing seperately we don't get the EIC which is a couple grand by itself. i thought about filing separate but wanted to get the most back, whether it went to pay part of DH's CS arrears or not. Actually i'm trying to look on the bright side of things, at least all the arrears will be paid if they do keep this much but i was hoping for a nice size return this year. If we amend the return DH will still be behind in CS.
The Arrears are another source of stress since dh's former employer was pocketing his CS payments.
So irrating since i haven't been able to squeeze a dime out of my X in 3 years.

God will forgive me. It's his job.
~~Heinrich Heine