1st question: Client is resident alien, spent most of year outside of USA in 2009. Wants to amend 2009 return with wife for 2009. Are there any issues for a resident alien filing with spouse IF out of country for most of 2009 as MFJ? I am not sure how the return was filed in the first place. Want to be sure whether any issue for them to file as MFJ since he is not a citizen and being out of country (not Canada or Mexico) practically all year. It seems not to be an issue given that he has a SSN, but not being in the states long enough for that particular year is the question.
2nd question: A client came to me for filing of 2003 - 2004. He was married but eventually got divorced to this person. Now has remarried after getting his personal life together. But IRS and FTB want returns based on his info returns, and have filed SFR's. He is not able to communicate with his ex-wife because she won't return his phone calls, and I am not sure how successful I will be. I want to find out how she filed in 2003 and 2004, if applicable or not. I want to do his tax returns correctly based on the transcripts I got from the IRS and the appropriate filing requirement, even though they did not live together (he started drinking and doing drugs because of pending and eventual divorce). MFS or single for him?
Thanks for help
rfk
2nd question: A client came to me for filing of 2003 - 2004. He was married but eventually got divorced to this person. Now has remarried after getting his personal life together. But IRS and FTB want returns based on his info returns, and have filed SFR's. He is not able to communicate with his ex-wife because she won't return his phone calls, and I am not sure how successful I will be. I want to find out how she filed in 2003 and 2004, if applicable or not. I want to do his tax returns correctly based on the transcripts I got from the IRS and the appropriate filing requirement, even though they did not live together (he started drinking and doing drugs because of pending and eventual divorce). MFS or single for him?
Thanks for help
rfk