New client. TP married 09 filed MFJ, 10 thru 12 files HH and did not divorce, did not separate nor did spouse die. I called the IRS yesterday and there is NO issues with TP 09 (MFJ),10 (HH), 11 (HH)and 12 (HH) tax returns. I asked TP about this and TP replied she believed her tax preparer was prejudice about her spouses race (Hispanic). The spouse does spend quite a bit of time in Mexico but is a legal citizen of the US and has a SS# but did not have a job in all those tax years. This one is weird. As we all know TP's can get the facts incorrect. Anyone have any idea why the tax preparer would have filed HH for a TP that was legally married? What would happen if I filed a MFJ for 2013?
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Hoh or mfj or mfs or whatever
1. It may be that the HOH returns resulted in higher taxes than a MFJ return would yield, thus no problem from IRS standpoint.
2. True, if TP filed MFS rather than HOH, higher federal taxes likely would result possibly due to loss of EIC and certain other credits.
3. A lot of these things remind me of NBA Basketball game: no harm, no foul.
4. We all want to do a correct return, but none of us (well, at least not me) are the police, and I do not work for IRS.
5. IF IRS is not challenging anything, then you, other than advising the TP of probably improper filing (and your facts may suggest an argument that H was out of the house the last six months) needs to do nothing if you feel compelled not to get involved in a 2013 return.
6. Remember the Taxpayer/wife appears as your new client, not the Husband/other spouse.
7. The real issue may be the husband/spouse filing as HOH with a different address. Perhaps someday IRS will get copies of marriage licenses/certificates and do a document match.Friends double; family triple. Don't buy an audit for yourself. If someone has to go to jail make sure it is the client. Remember it is only taxes, nothing important.Comment
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