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I'm a little uncomfortable jumping into the middle of an ongoing audit situation. If you are not happy with the result of the audit or the representation you received, I would suggest you talk to another CPA or EA to get a fully informed opinion. (Your divorce lawyer, who may be a really nice person, is probably not going to be very useful in a tax audit. It's just not their area of expertise.) Be prepared to bring all of your documentation and to pay for a couple of hours of consultation.

As to the double taxation issue - it's really a non-issue as far as the IRS is concerned. They are simply assessing the tax that they believe is due from each of you. They can't tell you anything about your ex's taxes, and they can't tell him anything about yours. The only way to find that out is for you to talk to him.

As for the economics of continuing to fight this, remember that if you pay state taxes, the IRS will inform your state of the changes they make to your return. Expect the state to assess taxes consistent with the IRS audit. So if your $2500 estimate is just for Federal tax, you could have more taxes due to your state also. That may make fighting more worthwhile, as the total tax in question is higher.

Good luck with this tough situation.

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