Taxpayers not living together, one has the child at home, that one could file HOH, but the other must file mfs???/
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The other could also file MFJ. If they could convince their spouse to do it. -
Mfs
The taxpayer's filing status is determined by the taxpayer's own circumstances--not by the filing status or the circumstances of his/her estranged spouse.
If he's legally married and didn't have a kid living with him during 2008, then he has exactly two choices: MFJ and MFS.
Although they are living apart, they can still agree to file a joint return...
BMKBurton M. Koss
koss@usakoss.net
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The map is not the territory...
and the instruction book is not the process.Comment
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Were they living apart for the last 6 months of 08? Who does the kid live with? Are they legally separated? taxeaBelieve nothing you have not personally researched and verified.Comment
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child
lived with one parent for the entire year that parent could claim HOH, the spouse left in April and would have to file mfs ???Comment
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Mfs
You are apparently working with the spouse that left. If there was only 1 child and the child remained with parent A and parent B had no other dependents (other children or qualifying relative), the only option for parent B would be MFS.
LindaComment
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I advise t/p that if there is no restraining order and they are on speaking terms, why not talk to spouse and file MFJComment
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