4
« on: Oct 13, 2006, 11:03:12 AM »
Thank you for your response truly appreciated...
Clarifications to add:
We are both appearing in Pro Per as involving an attorney seems a bit unessary needless to say costly.
My response declaration states.......... that we had a verbal agreement that he would take care of the federal taxes for our 2001 taxes. My main concern at the time was that I wanted to have the audit reviewed by my acountant and had offered to pay for that. My ex just wanted to pay it and get it over with. He did pay in full on Jan 20 2005, the total was $5,385. I signed the notice agreeing to the proposal and there was no attempt to review or request any type of abatement. He told me he would just take care of it, that he just wanted to get it done. There were no letters nor documentation noting that he had changed his mind.
In Sept of 2006, 21 months later we both recieved a 2001 CA tax proposal of change to total $$2,258. Upon receipt I had decided to take it upon myself to simply pay for the total. I felt that it would recipricate the gesture of my ex, make us even short about $1,000 and we would be done.
Questions:
1.) On principal:) regarding the verbal agreement, if he says and pays in full, with no indication of otherwise...No documentation, no e-mail no correspondence nor proof of, and one is silent for 22 months, does that not consistitute in any way a binding verbal agreement?
2) I am out of town on our hearing date. It is the day before Thanksgiving and we have family flying in for the holidays. This had been planned for months. If my ex won't agree to continue, can I submit anything to the court for that day stating that I have paid the state tax and prior to settling I would want to persue a review of our 2001 tax audit. What forms or action would I take to accomplish this.
3.) If the court won't rule on a verbal agreement, then a review of our 2001 audit would be requested. I will offer to pay for that and submit to the court the correspondence and ruling from the IRS. If we are entitled to any refund, my ex would be the one to receive as he is the primary social on the taxes. If we are entitled to any portion of the refund then it would be sent to him and we can review the new total. What form would I fill out for this?
4.) These are the three points I had hoped to cover. Please let me know if I have anything here esp with the verbal agreement. Skip it completely or to persue is reasonable?
Your suggestions and thoughts have helped tremendously in thinking about this as rationally as possible.
Thank you so much for your insight and time
Holly