Family Lawyer Or Anyone With Knowledge

[Alpha_Male]

A buddy of mine got married in NY a few years ago under a fictitous name and social. He did it because He hadn't divorced his then current wife. This whole thing was both their idea. Now shit has soured and this girl is threatning him. She kicks him out and wants his money that he is expecting.

Is the marriage legal and what the legal implications?

 

[Heist]

PM Jagi. He's a licensed NYS attorney.

Off the break though, I would say that since the marriage license was obtained using falsified docs - the marriage is not legal nor valid.

However, he did commit a felony in presenting fake document to obtain the marriage license.

So it's a double edged sword. Martial law as it relates to property and assets would not apply since the marriage was essentially a con but the guy is going to catch a (or a few) charges for filing and presenting false documents.

It also could trigger a pretty nasty audit if they filed their taxes as a married couple.

 

[Lucky7s]

Dude better pay that bitch or consider his as good as convicted.

Who does shit like this?

 

[Temujin]

Polygamy, fraud, identity theft maybe even rape that dude opened up a huge can of worms. the money is the least of his worries if the chic finds out he is up shits creek.

 

[ScorpDiesel]

Hook her up with this. She's be str8.

 

[mit_dropout]

Don't help this bitch ass nigga. He's really a bitch posing as a man.

 

[Alpha_Male]

Is she implicated in any way since she was part of it?

 

[Heist]

Is she implicated in any way since she was part of it?

Of course. It's called conspiracy and intent to defraud. She'll be named as an accessory if the state decides to prosecute.

 

[Lucky7s]

Of course. It's called conspiracy and intent to defraud. She'll be named as an accessory if the state decides to prosecute.

I know somebody using an alias to front his businesses under the table to evade taxes. His ex-wife is his SSI/VA benefits designee (don't ask me why he don't get his checks but she is under court order to do so).

If this cat were to be audited by the IRS (going back about 12 years to when they were married about 5-20 years ago) would his ex-wife be considered an accessory to tax evasion since she KNEW he ran a business under an alias for years?

Just wondering how that accessory shit works cuz dude asked me to help him move his product locally...but I was kinda skeptical since dude ain't legit and I ain't wanna be an accessory to tax evasion.

 

[thundercat]

Not for nothing, but your friend is a damn fool. No rational man would do something so idiotic, especially when considering how vindictive women are. If she dimes him out he's going to jail.

 

[woodchuck]

A buddy of mine got married in NY a few years ago under a fictitous name and social. He did it because He hadn't divorced his then current wife. This whole thing was both their idea. Now shit has soured and this girl is threatning him. She kicks him out and wants his money that he is expecting.

Is the marriage legal and what the legal implications?

 

[Alpha_Male]

Of course. It's called conspiracy and intent to defraud. She'll be named as an accessory if the state decides to prosecute.

Thanks guys.

Dude is a childhood friend. He is like a brother.

He married this girl and took care of her children as if there were his own. They moved to GA and he was working as a truck driver. Dude had an bad accident a few year ago and has been on Workman's comp. She has since forsaken him. Dude is practically crippled. He gets $1100 a month. he is ordered to pay $498 for support. Dude barely can eat breakfast after paying rent and inssurance. She could give a fuck. It's all about money. as stated earlier, he is suing for his injuries and she is already talking shit about the man money after throwing out on the street.

 

[LegalMoney]

I know somebody using an alias to front his businesses under the table to evade taxes. His ex-wife is his SSI/VA benefits designee (don't ask me why he don't get his checks but she is under court order to do so).

If this cat were to be audited by the IRS (going back about 12 years to when they were married about 5-20 years ago) would his ex-wife be considered an accessory to tax evasion since she KNEW he ran a business under an alias for years?

Just wondering how that accessory shit works cuz dude asked me to help him move his product locally...but I was kinda skeptical since dude ain't legit and I ain't wanna be an accessory to tax evasion.

Generally, the IRS can only assess a deficiency against a taxpayer's account within 3 years of filing a tax return. This is their § 6501(a) statute of limitations. However, there is no statute of limitations for fraudulent returns, §6501(c), so if they get word of ol' boy's activities, they are going in..

The wife could get charged as an accessory to tax evasion, but more likely they'd hit her for contribution of the deficiency. Interest and penalties accruing for nearly 20 years must be a bitch..

 

[woodchuck]

Generally, the IRS can only assess a deficiency against a taxpayer's account within 3 years of filing a tax return. This is their § 6501(a) statute of limitations. However, there is no statute of limitations for fraudulent returns, §6501(c), so if they get word of ol' boy's activities, they are going in..

The wife could get charged as an accessory to tax evasion, but more likely they'd hit her for contribution of the deficiency. Interest and penalties accruing for nearly 20 years must be a bitch..

God, I love this site! As for the bold section, that's the reason why I'd tell her to eat a bowl of cinnamon apple dicks.

 

[Heist]

I know somebody using an alias to front his businesses under the table to evade taxes. His ex-wife is his SSI/VA benefits designee (don't ask me why he don't get his checks but she is under court order to do so).

If this cat were to be audited by the IRS (going back about 12 years to when they were married about 5-20 years ago) would his ex-wife be considered an accessory to tax evasion since she KNEW he ran a business under an alias for years?

Just wondering how that accessory shit works cuz dude asked me to help him move his product locally...but I was kinda skeptical since dude ain't legit and I ain't wanna be an accessory to tax evasion.

When he gets caught, he and she are going to get reamed.
It is OK that the SSI benefits go into her account/name.

It is not OK for him to run a business under her name to avoid the taxes and keep his SSI benefit. SSI benefit is paid to replace lost income, not supplement it.

So by definition, he's committing Felony Federal fraud. Now the question is how much does his wife know. The prosecution would have to prove that she knew he was evading. She can get fined - but the more severe penalties would have to be proven in a court of law.

 

[woodchuck]

When he gets caught, but he and she are going to get reamed.
It is OK that the SSI benefits go into her account/name.

It is not OK for him to run a business under her name to avoid the taxes and keep his SSI benefit. SSI benefit is paid to replace lost income, not supplement it.

So by definition, he's committing Felony Federal fraud. Now the question is how much does his wife know. The prosecution would have to prove that she knew he was evading. She can get fined - but the more severe penalties would have to be proven in a court of law.

That muhfucka better start making some tapes.

 

[Heist]

Generally, the IRS can only assess a deficiency against a taxpayer's account within 3 years of filing a tax return. This is their § 6501(a) statute of limitations. However, there is no statute of limitations for fraudulent returns, §6501(c), so if they get word of ol' boy's activities, they are going in..

The wife could get charged as an accessory to tax evasion, but more likely they'd hit her for contribution of the deficiency. Interest and penalties accruing for nearly 20 years must be a bitch..

^^^This one. He ans. it better than I did.

 

[LegalMoney]

When he gets caught, but he and she are going to get reamed.
It is OK that the SSI benefits go into her account/name.

It is not OK for him to run a business under her name to avoid the taxes and keep his SSI benefit. SSI benefit is paid to replace lost income, not supplement it.

So by definition, he's committing Felony Federal fraud. Now the question is how much does his wife know. The prosecution would have to prove that she knew he was evading. She can get fined - but the more severe penalties would have to be proven in a court of law.

If those fools filed joint returns and the IRS assesses them that potentially monumental deficiency, jail will be the last thing on that broad's mind. Doing 3 years ain't nothing when you have a monumental federal liability hanging over your head.

The standard for innocent spouse relief, §6015, frpm joint deficiencies requires a showing that the taxpayer seeking innocent spouse relief had no knowledge or reason to know of erroneous items or fraud.

This "reason to know" standard has been liberally construed in the IRS' favor. It's a factual determination asking questions such as was there a change in lifestyle that should have caused a reasonable person in the taxpayer's position to say what’s going on here? From what the poster said, that broad is toast..

 

[LegalMoney]

God, I love this site! As for the bold section, that's the reason why I'd tell her to eat a bowl of cinnamon apple dicks.

DEAD!

 

[Lucky7s]

Of course. It's called conspiracy and intent to defraud. She'll be named as an accessory if the state decides to prosecute.

I know somebody using an alias to front his businesses under the table to evade taxes. His ex-wife is his SSI/VA benefits designee (don't ask me why he don't get his checks but she is under court order to do so).

If this cat were to be audited by the IRS (going back about 12 years to when they were married about 5-20 years ago) would his ex-wife be considered an accessory to tax evasion since she KNEW he ran a business under an alias for years?

Just wondering how that accessory shit works cuz dude asked me to help him move his product locally...but I was kinda skeptical since dude ain't legit and I ain't wanna be an accessory to tax evasion.

Generally, the IRS can only assess a deficiency against a taxpayer's account within 3 years of filing a tax return. This is their § 6501(a) statute of limitations. However, there is no statute of limitations for fraudulent returns, §6501(c), so if they get word of ol' boy's activities, they are going in..

The wife could get charged as an accessory to tax evasion, but more likely they'd hit her for contribution of the deficiency. Interest and penalties accruing for nearly 20 years must be a bitch..

When he gets caught, he and she are going to get reamed.
It is OK that the SSI benefits go into her account/name.

It is not OK for him to run a business under her name to avoid the taxes and keep his SSI benefit. SSI benefit is paid to replace lost income, not supplement it.

So by definition, he's committing Felony Federal fraud. Now the question is how much does his wife know. The prosecution would have to prove that she knew he was evading. She can get fined - but the more severe penalties would have to be proven in a court of law.

If those fools filed joint returns and the IRS assesses them that potentially monumental deficiency, jail will be the last thing on that broad's mind. Doing 3 years ain't nothing when you have a monumental federal liability hanging over your head.

The standard for innocent spouse relief, §6015, frpm joint deficiencies requires a showing that the taxpayer seeking innocent spouse relief had no knowledge or reason to know of erroneous items or fraud.

This "reason to know" standard has been liberally construed in the IRS' favor. It's a factual determination asking questions such as was there a change in lifestyle that should have caused a reasonable person in the taxpayer's position to say what’s going on here? From what the poster said, that broad is toast..

Jesus
Fuckin'
Christ!!!


I'm never going into business with this dude...he got well over a dozen business associates over the years, all females except for his business co-owner.

Truth be told, I don't think dude even smart enough to do his own taxes, the ex wife is an accountant. Furthermore, I don't think ANY of the handful of businesses are licensed anywhere because if they were, he'da been caught years ago...

Also, to add insult to injury...the two women he has kids with get the SSI checks on the kid's behalf...so if the IRS gets ahold of his ass he is TOAST!!! Plus he a "disabled" veteran? His ass would be front page news.

 

[FingersXG]

Hope they werent together before 97 in GA..

http://www.unmarried.org/common-law-marriage-fact-sheet.html

THE MYTH: There is a common misperception that if you live together for a certain length of time (seven years is what many people believe), you are common-law married. This is not true anywhere in the United States.

STATES THAT RECOGNIZE COMMON LAW MARRIAGE:
Only a few states recognize common law marriages:

Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.

 

[papi68]

A buddy of mine got married in NY a few years ago under a fictitous name and social. He did it because He hadn't divorced his then current wife. This whole thing was both their idea. Now shit has soured and this girl is threatning him. She kicks him out and wants his money that he is expecting.

Is the marriage legal and what the legal implications?

I'm a New York attorney....this situation is all kinds of fucked up. Hit me on PM with their/your contact info.

 

[Heist]

I'm a New York attorney....this situation is all kinds of fucked up. Hit me on PM with their/your contact info.

When an attorney says that, you know it means it's time to open up the checkbook.

Lawyers. You can either pay them upfront and get the law and guidance.

Or pay them later to defend you if you didn't do it upfront.

Either way, at some point you're going to pay the piper.