Can TP file HOH even though TP is married..

[AZ-Tax]

living with spouse and claiming both kids? Can the other spouse file MFS?

That is the way these new clients came to me.

[Jesse]

No

Not if they reside in the same household. If married, must be seperated for > than the last six months of the year with a qualifying child to be Head of household.

[David1980]

For sure there are a TON of people who fraudulently file HOH/Single. It's not allowed though. My stance is either we file it correctly or they find someone else to do it.

[AZ-Tax]

I guess legally separated...

Spouse who is filing HOH w/kids resides at one address while the other spouse filing MFS resides at another address. Is that permitted?

[David1980]

If they live at separate residences, how is that "living with spouse"? If they didn't live together for the last 6 months during 2009 whoever has the kids may qualify as HOH.

[AZ-Tax]

David, that is what they are telling me.

that they lived separately in last 6 mos of 2009. Ok, spouse with kids qualify's for HOH and the other spouse files MFS? .....cannot file single, correct?

[Burke]

That is keerect!