Hello. I have a taxpayer (husband), who the wife put a restriction order against him. They are legally still married. He can't have any contact with her, so he doesn't even know if she filed separately or as single. How do I proceed, as a tax preparer? This is the first case I received like this. Should he file single, separate? They lived together all of 2018, the restraining order just took place this year in January. Thanks.
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He isn't single, so can't file single. If he didn't sign a return with wife, he's probably not MFJ. So, file him MFS. Or have him ask his lawyer to ask her lawyer how she filed. Might be necessary if itemizing could come into play. With the higher standard deduction, probably standard. Ask him what he knows. Look at prior returns. Client has to make the call. -
Years back I had a client filing MFJ got into a domestic battery situation (alcohol and drugs related) and I had to deal with the wife's attorney directly. They could file MFJ and take advantage of the lower tax and that is what you have to impress upon her attorney if one is in the picture. If you feel that you are not getting anywhere then the best course of action is to disengage. Remember if you file MFS and later they reconcile, you can amend to MFJ but it does not work the other way!Taxes after all are the dues that we pay for the privileges of membership in an organized society. - FDRComment
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Always an extension. Maybe they'll work it out before October!Comment
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Thanks everyone!Comment
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