Q: My ex husband and I ran a live shrimp company from 1997 til we divorced in 2008 .

My question is we had filed our taxes jointly although he was listed as sole proprietor. Now I became disabled in Sept 2020 and because of him being listed as sole proprietor I did not get the tax credits for those 9 years . We had an accountant that did it that way and now I was told they needed to be amended before I can get my share . What do you think is the best direction to take

1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your situation. It seems like you have a complex tax issue that needs to be addressed. Here are a few steps you might consider taking:

1. Consult a tax professional: Given the complexity of your situation, it's best to seek advice from a qualified tax accountant or tax attorney. They can review your specific case, assess the feasibility of amending the past tax returns, and guide you through the process.

2. Gather relevant documentation: Collect all the tax returns, financial records, and any other documents related to your joint business from 1997 to 2008. This information will be crucial for your tax professional to evaluate your case and determine the best course of action.

3. Contact the IRS: You or your tax professional can reach out to the IRS to discuss your situation and inquire about the possibility of amending the past tax returns. They may provide guidance on the steps you need to take and the documentation required.

4. Consider legal action: If your ex-husband is unwilling to cooperate or if there are disputes regarding the amendment of the tax returns, you might need to consider taking legal action. A family law attorney can advise you on your options and help protect your interests.

5. Explore disability benefits: In addition to resolving the tax issue, you should also explore your eligibility for disability benefits. Contact the Social Security Administration or consult with a disability attorney to understand your rights and the application process.

Remember, every case is unique, and the best approach will depend on your specific circumstances. It's essential to seek professional advice tailored to your situation to ensure the best possible outcome.

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