HH or MFS

[dsi]

Clients lived apart for the entire year. One Child in high school is a dependent. Could the filing status be: HH for one, and MFS for the other? OR, HH and Single?

[okie1tax]

MFS or HH

Single is NOT a legal option

[AJsTax]

It is an option

Single is NOT a legal option

IF "Taxpayer was legally separated, according to state law, under a decree of divorce or separate maintenance."

So there is a chance he could legally file as single.

[dsi]

Then one can file HH and the other MFS?

[dsi]

I thought if he and his daughter (still in high school) live together for the entire year, and he fully supported her then he could file HH?

His spouse lived by herself the entire year. They have no intentions of reconciling their issues. They haven't yet filed for divorce. What are her filing status options?

[bgiez]

You may have a conflict of interest if you take on both clients. There is an earlier post where this subject was beat to death.

[dsi]

Thanks bgiez, I am aware of this. I would still like to have input regarding the wife's filing status: MFS or S?

[Jesse]

MFS if not divorced and no court document legally separating.

[AJsTax]

Sorry,

I had the spouses backwards. Yes, he is eligible for HoH with what you say.
She will file as MFS as default unless there is a legal separate maintenance agreement though the courts (normally) that says they are totally separate, then she is allowed to file as single.

[dsi]

Thanks to all of you. That was my conclusion, and your analysis gives me great comfort.