In year 2014 i got separated legally and i filed extension for my taxes(in year 2014 april) I also made a prepayment of $5000 along with extension.

My ex husband without my knowledge filed joint return same year and when i came to know about it in court(my divorce case was yet to settle) . i tried to get my money back from IRS. i easily got state refund but i never got refund from federal IRS. its been 5 years and i have made number of calls to IRS and no one seems to resolve the issue.

Dec 2017 i took appointment with local IRS office and lady sitting in office filed a form for me to assign a lawyer to my case. My lawyer sent all docs to IRS and with in a week i got response with 16 page letter asking me to fill form 105C. also it was mentioned in letter to respond with in month and i can choose a lawyer or CPA to represent me. I spoke to a CPA and he says it doesnot come under refund since i only filed extension and taxes were filed by my ex husband. so how do i get my prepaid money back? out of $5000 (i got $1000 back from state and $4000 is still with IRS).

Please Help me

The IRS uses a 105C form to inform you they are denying a claim that you filed for Refund. I guess since your spouse ,without your knowledge, filed joint return same year and when you came to know about it in court, then you may try to amend 2017 return filed by your spouse to get the prepaid refund of $5K. Claim must be filed within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid.

Thanks for the reply Wnhough,

1. i prepaid estimated taxes and filed extension under married filing separately. so there was no return filed by me while making that estimated payment.

2. My ex doesnt live in this country anymore and i dont have access to tax documents he filed.

Please help, what should i do. do i still need to file 105c?

Thanks

1. i prepaid estimated taxes and filed extension under married filing separately. so there was no return filed by me while making that estimated payment.=====> you made estimated pmt to IRS then of course you can get the refund from the IRS aslongas you owe NO tax to IRS.I mean you can not receive a tax refund if you owe for a prior year's / present year?s federal taxes . the IRS will automatically apply against taxes you owe.i guess you may try to get some help from taxpayer advocate svc.
https://taxpayeradvocate.irs.gov/contact-us

2. My ex doesnt live in this country anymore and i dont have access to tax documents he filed.======>>Unless you filed your return as MFJ with your ex, your ex?s return filed as MFS is useless; no any info on your income or etc.

Please help, what should i do. do i still need to file 105c?======>105C is not filed by you, a taxpayer but by the IRS; the IRS uses a 105C form to inform you they are denying a claim that you filed for Refund.