MFS: can't get spouse SSN

[brother7]

Taxpayer is military.

Taxpayer married spouse in April. Left very next day for training and deployment. Finds out wife cheated while he was gone. When he returned for short while in October, he initiated divorce proceedings (did not live with wife), then left for deployment again.

Taxpayer is now back for another 2 week leave. Trying to do taxes before heading back to deployment. Divorce is not finalized.

Taxpayer is not on speaking terms with spouse. Doesn't know spouse's SSN. Doesn't want to talk to her. Has never filed jointly with her. They have no children, therefore, HoH isn't an option.

Questions: Can he file MFS without her SSN? Can he file as Single?

On a side note, tax liability is the same for both MFS and Single for this taxpayer. He has not deductions and doesn't qualify for EIC.

[erchess]

my two cents

I don't think the MFS return without her SSN can go electronically but I think that as a last resort I would file him a paper return and put "unable" in the field where her ssn would go even if my software would not do that and I had to use white out and my copy machine.

The biggest concern I have with MFS for him is that she may file MFS and itemize her deductions, in which case his standard deduction will be zero.

Please reassure us that he is working with a lawyer on his divorce and not somehow doing it himself. The reason I ask is that the shortness of the marriage raises in my mind the possibility of an annulment rather than a divorce. An annulment is a declaration that the marriage never existed and if made by a state court in the state where the marriage was performed would mean that indeed for all US Legal Purposes they were never married and should both use the single filing status.

[Jiggers]

Wife's SS#

I would also hope he is using a GOOD lawyer.

The lawyer should be the one requesting the SS # from her lawyer.

And I agree with the option of getting an annulment.

[WhiteOleander]

I have prepared numerous MFS returns w/o spouse's SSN. Our program allows us to put "unable" in the box for the SSN. I have never heard from a client who had the IRS question anything on these returns.

We cannot efile MFS returns in TX. So, it is mailed in.

[thomtax]

If the lawyer is doing the job right, he should have her ss#

LT

[DaveO]

A GOOD Lawyer

Is the key to this mess. About 10 years ago a high income client married a guy who looked good and put on a show of real wealth. As soon as they filed joint the IRS held the refund for back taxes. He assured he it was an oversight. The next two years more tax buills and child support pop up to snag her refunds.

She finally files for divorce and he fials to contest it or even show up for the hearing at which time her attorney amends the pleading stating the marriage was entered into under false premise and as no children were born he requested an annulement. His attorney raised no objection and the judge granted it.

We ammeded 3 open years for her and got thousands in refunds that had been taken to satisfy his tax debts.

[taxea]

He has to file MFS, and can amend the return if he gets the marriage annulled. taxea