Refund made to me AND ex-spouse

My ex and I were fined for late payment on our 2002 joint federal tax return. I sent a check for the full requested amount. In the meantime, the IRS collected 1/2 of the requested amount from my ex. So, they sent me a check for the amount of the fine that I overpaid, however the check is made out to me AND my ex. Will the IRS re-issue the check in my name only, or are they legally bound to issue in both names only? Keep in mind this refund is the amount I overpaid, we both paid 1/2 of the fine to the IRS. Getting my ex to endorse the check is not an option. Ed

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Reply to
eferg
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If this money is yours and yours alone, endorse the check and put it in the night depository. Do not sign for your ex-wife under any circumstances.

If the bank rejects it, ask your ex-wife to sign it. If you are making any type of support payments to her, it's in her best interests to sign it.

If she refuses, take her and your evidence to small-claims court. She will most likely fail to appear. But either way, the magistrate is bound by the evidence.

Reply to
Dick Adams

You paid an amount for a Joint Return, so the IRS made the refund payable to a Joint Account. If a joint account exists, you may be able to deposit it there with only one signature, but ...

Reply to
Rick Merrill

You can ask IRS to do that, but an easier way would be to return the check with an explanation and ask that they void the check and credit said amount to your estimated tax for this next year. After all, they'll only notice your social security number. On second thought, call them first and ask if they can do that. ChEAr$, Harlan Lunsford, EA n LA Sat 12 Mar 2005

Reply to
Harlan Lunsford

If it is a jointly filed return, which it sounds like it is, they (IRS) *will* issue any refund in both names. Missy Doyle

Reply to
mytax

Although technically, this would require your ex-'s signature, some banks are so sloppy that you could endorse it "Mickey Mouse" and they will still credit it to your bank account. I wouldn't worry much about it.

Reply to
D. Stussy

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