After you file


@Anonymous wrote:

it is a crime for your spouse to file a joint return without your approval. in this case you can file form 3949-A to report her to IRS.

https://www.irs.gov/pub/irs-pdf/f3949a.pdf

however, if she filed as married filing separate all she needed to do was to report all her income and provide your name and social security number.  You are on the hook for non-filing in all those years. 

you may want to contact a tax pro who can assist you and then maybe a divorce attorney. 

as an alternative

You are asking from TT Live, for which you paid extra. Please contact a rep.
https://ttlc.intuit.com/questions/4124827-how-do-i-connect-with-a-tax-expert-in-turbotax-live

 


The wife could not have been filing separately if the reason to file without the spouse's self-employment income was to claim EIC.  EIC is disallowed for MFS.  It can only have been joint returns, or head of household.  (If the wife filed HOH with only her own income, then potentially the husband will not be on the hook for fraud charges if he immediately files MFS returns.  But that's too much speculation for me, he needs an enrolled agent or attorney or both as mentioned above.)

 

I don't think the taxpayer could get away with reporting the wife for filing a fraudulent MFJ return without approval if this has been going on for 7 years, and he clearly knew it was happening.  Maybe the first year if he had reported it right away.