Hoh

[POCAHONTAS]

client was gone out of the country he is in the navy, client supported his 3 stepchildren while he was gone, and because he was out of the country the stepchildren lived with the mother, the mother filed MFS and her only income was unemployment of $9,780.

The father wants to claim HOH and claim the earned income credit, he said if he wasn't in the navy and out of the country his stepchildren would have lived with him, and he felt more comfortable with the fact that the children were with the mother while he was gone, so can he file head of household and get the earned income credit because of his situation??

thanks

[taxmom34]

why doesn't he file joint? cause he sure can't file HH.

[POCAHONTAS]

he can't file joint because the mother already filed MFS, and does not want to amend to file joint, and that is for personal reasons she does not want to discuss.

[taxea]

He can't HOH but he can take the kids if he can prove more than 1/2 of their support. Have him paper file (since she already filed) and send a detailed statement of circumstances with the return explaining why he feels he is entitled to the dependents.

Let the IRS fight it out with them.

[Lion]

Support

It doesn't matter how much support he paid. What matters is if the kids spent half the nights in the year with him. (And, that a kid didn't pay more than half his own support.)

[taxmom34]

in order to get the EIC he would have to say how many months the children lived with him. it needs to be more than 6 months , right? big zero!
another point, if he files mfs no EIC..

[spanel]

Did they not live together before he went overseas?

Are they getting a divorce?

Sounds to fishy to me... I'd claim my stepkids if "i lived here, but since i didnt, they lived with thier mom (wife)", but i still want to claim them?


chris

[POCAHONTAS]

don't know if they will get divorced or not, but he feels that since he was serving his country he had no choice but to be out of the country, and therefore he should be allowed the EIC and the HOH.

[luke]

tell him

to write his Congressman and suggest that the tax laws be CHANGED to accomodate his situation? YOU cant go against the current LAW, right?

[spanel]

My point is this.. how do you know they are or will be living together when he comes back?

How you do know this isnt all a lie.. the kids lived with thier mom who filed a return. Open and shut case if you ask me.

If he came back and lived with them.. then its a temporary situation and he would be eligible for EIC (course that would be filing MFJ).

If he comes back and doesnt live with them, then IMHO its not a temporary situation and hes not eligible to even claim the kids unless mom signs 8332, but even then, NO EIC OR HH.


Chris

[Gretel]

don't know if they will get divorced or not, but he feels that since he was serving his country he had no choice but to be out of the country, and therefore he should be allowed the EIC and the HOH.

I totally agree with your client if he was single. There should be exceptions just like there are for divorced parents, and he should be able to claim EIC and HOH. The other options would be not to send single parents on active duty.

[POCAHONTAS]

absolutely