Q: Can I still file married joint if my spouse's SSN has been filed on another return?
My spouse is incarcerated and it appears that their ssn was e-filed on a return by someone already without permission.
A: Be very careful here. If you attempt to file jointly after your spouse (or someone else posing as your spouse) has filed, the IRS will likely notice the duplicity in SSANs--and will possibly hold YOU responsible. The last thing either of you two need is the IRS coming after you.
A: If you suspect that your husband was a victim of identity theft then you need to take steps to straighten this out.
I am including the link to the IRS page that discussed what to do if you suspect identity theft.
If you do not think this is something you can straighten out on your own, contact a good tax attorney. Most of us offer a free consultation.
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