Filing Status Question

[Larmil]

plain and simple the rules are there to prevent that type of cheating by taxpayers. He must not have spent one night in the house for any reason the last half of the year. If you want to get right down to the strict interpretation, even if he had his own house but he stayed over one night on a visit, that would blow the HoH option.

Does husband being in the house negate the legal separation?

[AJsTax]

No

plain and simple the rules are there to prevent that type of cheating by taxpayers. He must not have spent one night in the house for any reason the last half of the year. If you want to get right down to the strict interpretation, even if he had his own house but he stayed over one night on a visit, that would blow the HoH option.

[S T]

My taxpayer filed for legal separation through the court 2/1/10 - however, the husband remained in the house until 7/23/10. Two Children.

With legal separation filed, even though the husband was still living in the house (in a separate room) can Spouse claim Head of Household with one of the children?

Sandy