Question

[Kurly]

Maybe someone could help me. Why is it when I post a thread, I get maybe 2 responses if any? Are they to wording, not clear or? Or maybe you think that they are to simple and I should know the answers.

I would appreciate a response on the thread about amending the tax return.

Thank You

Kurly

[BP.]

Don't feel slighted, Kurly. I don't know about the quantity of reponses to your prior questions, but sometimes one post that gives you the answer you requested is all the response you need, and it looks like Bird Legs did a great job of answering your question. It always seemed to me that all questions are welcome here- simple, complex, or even the ocassionally off topic ones. Cheers!

[Kurly]

Question

I dont think it covered whether or not I could/should amended those years. What does it mean as to the IRS persons always right. Does it mean if they are living apart for all those years they are not entitled to MFJ. All opinions gratefully received.

Kurly

[BOB W]

This......

........ response by Bird was correct.

"The couple can file MFJ as long as they are legally married. See TTB page 3-13.
Married Filing Joint: A taxpayer can file a joint return in 2006 with a spouse if:
1: Taxpayer was married at the end of 2006, even if taxpayer did not live with spouse at the end of 2006.
A taxpayer can file MFJ if both spouses agree."

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The conclusion that should of been drawn here is, "yes, you can amend those returns because they CAN file MFJ".

[thomtax]

Kurly - A thought for you

Possibly the reason that you do not get many replies, as I do not sometimes, is that like me, I look at the post. It is not exactly something that I have dealt with, and don't really know the answer. I think to myself "I'm going to keep checking back to see how this ends up." That way, if I ever run into a similar problem, I will know where to start.

For me to try to answer would be like the "Blind leading the blind" statement.:-)

I have noticed that many times there will be anywhere from 50 - 100 views and only 3 or 4 answers to a particular question, so it's not just you.

Good luck in your pursuit of an answer.

LT

[New York Enrolled Agent]

Kurly

Bob W. gave you the correct answer - married couples living together is not a criteria for MFJ.

One other point I will add. There is a special rule on limitations for amending MFS returns into MFJ. This has nothing to do with seeking refunds which may have their own limitations. §6013(b)(2) provides in part that amended returns cannot be filed after the expiration of 3 years from the filing date (determined WITHOUT regard to any extension granted to either spouse).

[JG EA]

Thanks

Maybe someone could help me. Why is it when I post a thread, I get maybe 2 responses if any? Are they to wording, not clear or? Or maybe you think that they are to simple and I should know the answers.

Kurly

I love that you said that. Isn't it amazing how we can get our feelings hurt by people we don't really know.

One thing I've noticed is clarity helps get a response. Not that you aren't clear - see I can't even be clear when talking about being clear. Is that clear?

Also not too much in any one paragragh makes me want to read the post. Usually I come on the board late at night and am so tired that I don't want to read the really long posts unless it is something I need right the next day.

I wouldn't worry about questions being too simple. We all miss some very basic things.