What would you recommend? Taxpayer calls because he doesn't know how to file this year. Husband and wife split 8/1/09 so have not lived apart for the last 6 months of the year. Wife started divorce proceedings in 09, but husband has not yet been served. Taxpayer lives in a community property state and wife is unwilling to give taxpayer any information so that they can file MFJ in 09. What recommendations other than plead with wife to supply info?? If divorce papers are in the works, would he be considered legally separated?
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File extension and deal with later..
let the attorney's compel the production of income information, it will be part of the divorce anyway.
Suggest that you can prepare the return based on both, to be reviewed before filing by her own preparer. Or the other way around. Get disclosure authorizations in place so the preparers can talk directly. Remind the couple that, aside from the status rules, they usually come out with less tax filing jointly in community property states.
Move on to the next return and don't stress... -
How about a MFS extension...info may be forth coming way before the return is due and can always be filed as MFJ if that is what is decided.Believe nothing you have not personally researched and verified.Comment
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Also, what does not having lived apart during last six months have to do with it?
Unless there are children involved and the custodial parent might be thinking of HOH.
A legal separation means single filing status only if there's a judgement from a judge
granting same. Merely having a court order ordering one spouse not to come within 100 feet of the other is not a legal separation.
(Like the wife of one of my clients thought.)ChEAr$,
Harlan Lunsford, EA n LAComment
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