Divorce - Extension Required

[Snaggletooth]

Couple were married as of 12/31/16 but are now going through an ugly divorce. The husband expects to have income of $150,000 and (naturally) wants to file a joint return. At this point they are bickering as to whether to file joint or separate. MFS would be disastrous for the husband.

I am going to have to file an extension for this situation. Should I file an extension for husband only? or is it harmless to file for husband and wife?

[ttbtaxes]

I would suggest that you approach this issue by sending a letter searately to both husband and wife separately apprising them of the upcoming deadline and asking them to consult their attorney and provide you with direction.

If you go ahead and file any return, even an extension, without each party's consent, the barrel gets pointed at you. Shift the repsonsibility to them.

[Burke]

I am assuming you are not doing both returns? You can file extension for the husband only; that does not mandate that he subsequently file MFS or MFJ. I see the dilemma, however, what if she goes ahead and files? ttbtaxes' solution appears to be the best interim option.