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Married Joint to Married Separate

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    #1

    Married Joint to Married Separate

    Have a new client. She divorced in 2002. It was final in Dec. 2002. It has now come to her attention that the Judge was retiring at that time. For some reason, he never signed the papers. So, they said she is not divorced.

    She must totally refile the divorce.

    Problem, the IRS says that since there was no divorce, she must go back to 2002 and 2003 and amend as MFS. No kids so no way to go HOH.

    Next problem, she remarried in 2004. IRS says she cannot file joint with Husb #2 because they are not legally married since she was not divorced. So they must amend 2004 and 2005. H#2 will go HOH (they have a child) and she MFS.

    This is really messed up.

    Does anyone know of anything in the code that she could use to stop the IRS from requiring these amendeds? Is it possible that she could claim they were legally separated so she could file as single?

    Just hoping for something to do.

    By the way, thie divorce was in Virginia. Not sure it matters.
    You have the right to remain silent. Anything you say will be misquoted, then used against you.
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    #2
    I'm curious

    How did the IRS figure this out? How is it they are looking at tax year 2002?

    Comment

      #3
      Originally posted by veritas
      How did the IRS figure this out? How is it they are looking at tax year 2002?
      Well, rather than coming to me or any other tax professional first, she called the IRS herself and spilled her guts. They are after Husb #1 now too.

      I was wondering why she and husnad #1 don't go MFJ. But he may be remarried too for all I know.

      I was wondering how they could force her to amend 2002 myself.
      You have the right to remain silent. Anything you say will be misquoted, then used against you.

      Comment

        #4
        simple clerical oversight

        If it was a simple clerical oversight, the substance-over-form doctrine will protect her from the IRS. If it was anything else, her lawyer will pay the consequences of his malpractice. Except, I'll take a wild guess that it was her own instructions that prevented the final decree.

        Comment

          #5
          Originally posted by jainen
          If it was a simple clerical oversight, the substance-over-form doctrine will protect her from the IRS. If it was anything else, her lawyer will pay the consequences of his malpractice. Except, I'll take a wild guess that it was her own instructions that prevented the final decree.
          I totally agree with you here. I really suspect that she was supposed to do more and dropped the ball. She said she called the retired Judge and asked him why he didn't sign her papers. I don't know how she did it, but she got the Judge mad and he hung up on her.
          However, can you point me to more info about the substance-over-form doctrine. If she really is "innocent" in this mix up, maybe I can use this with the IRS.
          You have the right to remain silent. Anything you say will be misquoted, then used against you.

          Comment

            #6
            I'd like to help

            >>can you point me to more info about the substance-over-form doctrine<<

            I'd like to help you, but I've noticed that many of my serious posts get people mad, so I'm going to try something different for a while.

            Comment

              #7
              Go to Google and type in "IRS substance over form doctrine" and you will have more than you ever wanted to know on the subject.

              Comment

                #8
                Jainen

                Originally posted by jainen
                >>can you point me to more info about the substance-over-form doctrine<<

                I'd like to help you, but I've noticed that many of my serious posts get people mad, so I'm going to try something different for a while.
                If people get mad tough luck. Everyone on this board respects your comments. If someones feathers get ruffled, oh well, they will get over it.
                I would put a favorite quote in here, but it would get me banned from the board.

                Comment

                  #9
                  Thanks all for the input. I really think the client is not telling me everything. I will proceed as the IRS has requested.

                  (Janien, I always appreciate your input. You are always concise. Please don't get run off.)
                  You have the right to remain silent. Anything you say will be misquoted, then used against you.

                  Comment

                    #10
                    something different

                    I didn't say I was going away. I said I was going to do something different!

                    Comment

                      #11
                      Dear Feather Ruffler

                      Originally posted by jainen
                      I didn't say I was going away. I said I was going to do something different!
                      Well, like what? Secede from the Union? Throw a fit? Write your congressman? You've grabbed our interest now -- what about a hint or a clue?

                      You can't pay any attention to Sova -- he actually believes his own propaganda and thinks he's John Wayne. Since you've elevated abrasiveness to an art form (my feathers were ruffled and you weren't even talkin' to me), I was thinkin' you might need some PR assistance (I helped a nephew get elected alderman). So, I'm offerin' my services as your apologist; you know -- like pro athletes might get legal rep as a perk. If you're chastized in a board free-for-all, we could maybe plead irresistable impulse, age-bias (I didn't know you were 103), temporary insanity, or perhaps negligent disregard (although they'd probably ask an upgrade to depraved indifference). RSVP

                      Comment

                        #12
                        I already started

                        >>what about a hint or a clue?<<

                        Well, for one thing, I'm not going to reply to anybody else. I'm only going to start my own threads. And for another thing, I already started, this afternoon.

                        Comment

                          #13
                          He started with the Form 8332-AMT thing. I think it is called a stand up comedy act.

                          Comment

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