Is there "too honest?"

[Possi]

My client is divorced with 2 children.

The divorce agreement states that he has the right to claim the oldest child on the tax returns, for all purposes.

The child is not on the other spouses tax return at all. No childcare, no EIC, no nothin'.

The child does not spend over half the year with him.

I claim single filing status with the dependent. Not HofH.

Am I doing my client a dis-service?

For the record, my client and I are in agreement that this is the only way to file. I was just casting a line out there to see who among us would file him as HH and not blink an eye.

[ChEAr$]

My client is divorced with 2 children.

The divorce agreement states that he has the right to claim the oldest child on the tax returns, for all purposes.

The child is not on the other spouses tax return at all. No childcare, no EIC, no nothin'.

The child does not spend over half the year with him.

I claim single filing status with the dependent. Not HofH.

Am I doing my client a dis-service?

For the record, my client and I are in agreement that this is the only way to file. I was just casting a line out there to see who among us would file him as HH and not blink an eye.

I wouldn't blink an eye at all, but still would not list the children as exemptions, unless
ex wife has signed a form 8332. or whatever that number is. A divorce decree is
no longer acceptable.

[WhiteOleander]

Actually, the divorce decree is still acceptable for those divorced before the change in the law. For those divorced after the change, only the 8332 is accepted.

[Possi]

Single with dependent

I have been sending his return in as Single with a dependent, but not HH and no 8332 or divorce decree or anything.

[BP.]

The child does not spend over half the year with him.

I claim single filing status with the dependent. Not HofH.

Am I doing my client a dis-service?

Not too honest- just honest enough. I do these kind single- disservice would be HOH that client couldn't prove.

[Jesse]

I would say you would be doing him a dis-service if you filed Head of Household. You are doing the return correctly.

[spencer]

I just

finished a heartbreaker just like that. Client was within an eyelash of being HOH. All paid up on support and alimony. Keeps the kids every afternoon but only some weekends overnight. And custodial parent makes more money than my client. I wanted so much to file him HOH but couldn't make myself do it.

[Gretel]

I hate it if a client is too honest and could get a desperately needed break.

I am working with IRS and client to get him placed into collectible status. All around sad story. We had to send in bank statements and I successfully converted him from cash transactions to write checks for everything. Only income is disability. The other day I have a message on my phone: I just sold a old piece of equipment for $50 and deposited the money into my checking account.

I wanted to scream.

[Possi]

It's a fine line...

... when we want to help honest people. And I will not make a political statement here, but suffice it to say my client would have been mush core responsible in spending his extra refund (had I done HH) than the hands that will hold tight to the money...

'nuf said....

[erchess]

In this set of facts

you caqnnot do HH, If the client wants to tell you different facts then it's on them if the situation blows up in their face later, Perhaps the rules should be different but they are what they are and we all have to live with them unless we want to move out of the Country,