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    Uncertain Marriage

    Man moved in 2008 from SC to TN, leaving wife behind. Appears he was not "leaving" because of discord but because logistics required that he first come and scout the town and find a house. Wife followed in Feb of 2009 and the two have been living happily together ever since. (OK, just take it at face value and don't try to read anything else into that comment)

    There was no evidence of discord, and certainly no interlocutory decree or legal separation.

    Husband and wife filed single for 2008, not having lived together on Dec 31, 2008. Claimed they didn't know that MFJ was an option. Turns out by virtue of filing single that they overpaid their taxes. Note that they each filed single and NOT MFS.

    Should they file an amended return to get money back? I think the mathematical answer is yes, but I'm not sure anyone is going to believe to this fantastic story.

    And I'm not sure I believe them either. But they are clients and I want to minimize their taxes.

    #2
    Have to amend

    They can't file single, so they have to amend to MFS or MFJ. (If they actually filed MFS, then they can still amend to MFJ. If for some reason, they filed MFJ, they cannot amend to MFS after the due date.) If they are not yet your clients, maybe give them a couple of phone numbers!

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      #3
      More

      So when you say "single" are you eliminating head of household, which is usually the way the game is played.

      And TN has no state income tax.....how convenient!!

      I think I would ask this potential client if he favors a sick shade of green or perhaps has a strong attraction to the Statue of Liberty.

      FE

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        #4
        Originally posted by Nashville View Post
        There was no evidence of discord, and certainly no interlocutory decree or legal separation.
        Husband and wife filed single for 2008, not having lived together on Dec 31, 2008. Claimed they didn't know that MFJ was an option.
        I don't think it matters what we think, or the IRS. They were eligible to file MFJ, or MFS and I don't see a problem with amending. In fact, as LION says, I think they have to. They were not eligible to file as Single, and neither as HOH as well, unless there were a qualifying child involved. (They could also have filed separate returns in two separate states if one was a resident and one was not, so it should not have affected that if that is what they did. Need to check SC to see if it makes any difference on filing status.)
        Last edited by Burke; 02-08-2011, 05:36 PM.

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          #5
          No HoH

          Duke, no HoH for these folks. They filed single, did not file married in any sense.

          Both of them had SC income in 2008 and had to file SC taxes.

          It's quite preposterous to think they didn't know better. They are in their late 60s and are retired.

          I do believe the amended return is the proper avenue and that there will be a tax refund. However, I'm afraid IRS might take their wrath out on them for filing single in the first place. It's a little much for anyone to believe they didn't know better.

          Comment


            #6
            Originally posted by Nashville View Post
            I do believe the amended return is the proper avenue and that there will be a tax refund. However, I'm afraid IRS might take their wrath out on them for filing single in the first place. It's a little much for anyone to believe they didn't know better.
            Nah. I can believe it.

            Comment


              #7
              Don't understand the skepticism here

              particularly if they really did file single. If these folks were my potential clients I would want to see their marriage license if they have one or if they achieved common law marriage I would want to independently verify with someone in the relevant state what the rules are and verify by some combination of records that they met the rules. But I guess I believe about anything people tell me about what they thought the rules were.

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