Divorced/MFJ

[OldJack]

oops!! Sorry about that gorgeous!!!

I should have known that some other tax preparer would not give clients away to just some ugly guy!

[BP.]

Funny!

She was no doubt saying "hey look at me you handsome thing... I'm available don't you know". And you just couldn't think of anything but that dumb MFJ tax return.

That made me chuckle! I'm all about taking compliments as they come, but I'm gorgeous, not handsome!!

[OldJack]

...she cheerfully announced her divorce to me from the get-go, and I was left wondering why she gabbed, but, hey she talked, and then I knew.

She was no doubt saying "hey look at me you handsome thing... I'm available don't you know". And you just couldn't think of anything but that dumb MFJ tax return.

[BP.]

taxpayers sometimes open their mouth and talk

Which is exactly what happened; she cheerfully announced her divorce to me from the get-go, and I was left wondering why she gabbed, but, hey she talked, and then I knew. Otherwise, you're right, why would I care as just the ERO? I certainly wouldn't bother asking.

Thank you both for your replies.

[OldJack]

I agree that you should not file a MFJ return if you know for a fact that they are not legally married. However, the question remains as for a non-preparation efile, why would you ask if they were in fact married or anything else regarding the tax return before efiling?

Of course, taxpayers sometimes open their mouth and talk when they should be listening which is exactly why you never take them before an IRS agent unless absolutely necessary.

[dsi]

I think you did the right thing by refusing to file her return.

[BP.]

Preparer who does taxes on the side and doesn't e-file used to send a few clients my way back in the day for e-filing. Well, I pretty much snagged them as my own clients along the way, and I got away from the ERO-only action, but there is one straggler.

She came in today with an MFJ return, but told me she & hubby were divorced in Dec 2006. Said reason was insurance savings, and that they are still together. I'm thinking MFJ is no longer an option. "Wife" has no earnings, so I guess she'd be dependent of "husband," and he'd be HOH (kids at home.)

I'm in a state that recognizes common law marriages, and though she says they are still husbandy/wifey-ish, they signalled some sort of intention by actually divorcing. I declined to e-file. Further complication in my mind was that she showed up alone. Not saying this was her intention, but the possibility is that she's got his docs, and could direct his refund to herself. Yes, e-file needs his signature, but I don't follow her home to see who's signing.

Anyone want to confab on this, and throw in their two cents?