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Assuming your wife isn't going to file an amended return to correct her filing, your only alternative is to file a paper return & then the IRS will sort it out. They will probably ask both of you to document the HofH status as well as the support issue & tuition deduction.
and this will delay my refund?
Are you divorced, separated or what?
married with major issues
soon to be divorced
Head of household is unmarried?
nope married in '78
Do you live apart?
about 5yrs ago i put the home and community prop assets into a living trust which specifies parents can come or go at will, neither is prevented from home access. I have a home based law practice there but as of '08 usually sleep elsewhere. but i'm home almost every day.
How do you qualify for H of H status?
$25k tuition, $35k purchase of car for my daughter, 90% of home upkeep I pay for, all of the labor involved.
the home is paid off so there is only a second line of credit which i pay for also.
But you are married................
the wife carries me onher medical coverage and pays the base utilities.
Status is "Unmarried Head of Household"
which will then allow me to efile?
despite her claiming married hoh
There is no Married Head of Household status
Married filing Separately or Joint
exactly married filing seperately claiming HOH
No such filing status
ok but the 1040 has the status and u check HOH
if u qualify (provide more than 50%?)
Yeah, Unmarried only
which she doesn't but did check and efile
which now prevents me from checking HOH and efiling correct?
She's representing that she's unmarried; neither one of you can file that way
You don't qualify for Head of Household
ok so i file married, filing seperately ... do i get the $2500 tuition deduction
why am i not HOH?
I'd have to check on that; but the tax will be much higher anyway
Because you are Married
ok .. so i file correctly.. she's efiled filed incorrectly.. will they take my efiling?
and do i claim the tuition
give me a minute on that one
last question.. i support a 53 y/o brother living off the grid solely on my $250/mo. He owes IRS big bucks and doesn't want to provide a SS#.. how to handle that?
i'm using turbo tax and one of the efile rejections says my daughter's ss# XXXXX be used twice (mine and my wife's) on two different returns which prevents efiling. what says you?
Hold on, a minute............if you use the MFS status there's no tuition deduction.
Where does your brother live?
is there any status i can use to get the tuition deduction
that doesn't require my wife's involvment/approval
on 40 acres open range in a motor home
One of the general rule on Married Persons claiming H of H status is that you live apart for at least the last 6 months of the year
However, there are some interesting rules on what constitutes 'living apart"
now i'm confused
given your prior not possible
I want to give you a couple of links to read, but the botXXXXX XXXXXne is you are going to have to file a paper return if you are in conflict with what your wife has done; she doesn't pay more than 1/2 of the cost of keeping up the home, so she's loses HofH status on that point alone; you however, may in fact qualify if you can use your "lawyerly" talents to fit one of the exceptions..............
Now read this material after the next link; that's important; so consider this link #2
so if no efiling... when they get the paper filing, do they refund or audit
Here's the first one to read:
one thing at a time
That's the first link to read
Then this one:
Then we get to your situation (as long as you don't sleep with your wife):
i think i can HOH
That link is the same one I gave you first, that I said to read last
i read the second then the first link
Yes, I agree but you'll have to file a paper return
working on #3
Because your wife already did it
#3 the same
right i will file paper but need 2 kno how IRS resolves that
do they issue a refund then audit or audit b4 refunding
and can i be proactive and file an explaination with supporting doc's with my paper
OK........first..........you realize that the last link doesn't address the living apart situation for married individuals except in a footnote (#3) to the memorandum link --- where it references a case where the estranged couple were denied HofH status...........
They will most likely send your wife refund (if she is getting a refund) as she has already filed & the refund is probably in the works already..................
I'll go over those links in detail b4 I file but so far I think I can HOH
Your paper return will kick out once it is processed, just like the efile
then they will send you a notice, not an audit; requesting info re the points in conflict
all this takes a long time to get processed;
you can try being proactive, but once they give your wife the money; they aren't going to accept HOH from you without checking whether or not there are two separate households at the same address
what mailing address do you use?
Obviously you both can't pay more than 1/2 the cost of keeping up the same household
she can't come close to my cost records
So all your attorney mail & your personal mail & your wife's mail comes to the same place?
i take care of everything there
If you read the material you'll see it turns on there being two separate households at the same address
ok i'm fairly clear on that... are there any special forms for attachments on explainations
You don't have that issue, because your daughter(?) lives in a household (she doesn't have to live in your household) where you pay more than 1/2 the support;
your wife lives there too; there's not two separate households at that address; there's one & you pay 90% of the cost
you don't have to live there
all i don't do is eat/sleep there
because then you wouldn't be living apart from your wife
we don't comingle anything
yeah but you work in an office there don't you?
do you have any clients that you see there?
i do work comp so most is in court
right, so you eat, sleep, & work apart from that household
if you were a CPA, there's not much more to life than those 3 things
so any special forms for add-ons?
laywers, another matter
Summary .................. So, you should go over those links so you get it straight in your mind; your key is that you live apart from your wife
Luckily I'm retiring come Sept.
yea but 2 questions remain
you pay more than 1/2 of the cost of keeping up a home where your daughter lived
the add-on forms if any and inability to obtin brother's ss#
what do you mean add-on forms?
yes, I paid 80% of her upkeep and 90% of the home
right, you can claim the tuition if you file HofH
any special forms to provide the explainations at time of filing
AZ 40 open range acres in a motor home
off the grid
not his property
no income expect my $250/mo
I'd forget him; you live anywhere for 250. a month; no ss# XXXXX XXXXX automatic kickout any way; you have enough issues without that
live = can't live
that's a lose, lose, lose
he does. food bank provides canned goods. library provides internet. prepaid phone card $15/mo
he gives me a detailed report and it's to the penny
uses my credit card with a$200/mo limit
shoots deer , grows vegetqables, uses solar panels
great, no ss# XXXXX
sounds like fun; the real answer is he has a rich girlfriend :}
so despite his dependency I cannot claim unlessI can provide a ss#?
exactly - the name alone is a problem
it's 26 miles to town, off a non-maintained dirt road, and in 3yrs he's had 1 ex-GF visit, that lasted 4 hrs..
but he happier than most people I know
must be stir crazy by now
sounds like you should go visit him for the weekend
yes when he has to go to the food bank he hates it in town
hahhaha, just got back to check on him .. been over a yr
so he's depressed; must need some mental health help by now
day trip only
i've been watching for that.. he's not
at first he came close, but begged to stay and now he's actually thriving
figures it'll all be over soon
the world is coming to an end?
search it .. it's interesting if nothing else
coming to a major change
no I know you are nuts too :]
i hate lawyers - had too many of you as clients
to put up with my wife it's a given
absolutely know about that
so how do u feel about retired cops turned lawyers
I had a full schloarship to law school & turned it down
where did you go to school?
on both the scholarship and turning it down
Southwestern SCALE 2 yr. fully accredited, but an azz kicker
how long were you a cop?
did my undergrad in 2.75 yrs, grad in 18mo, working full time, figured 2 yr law school was up my alley
blew my hearing out working SWAT
dad and pals are all LAPD
you definitely are nuts
you're lucky to be alive
was high ground sniper
no door kicking for me
I did some work for the SD Harbor patrol
went to motor school in SD took Top Rider their fist POST approved class
SD is a great PD
Your wife must wonder why she's still alive
she's the mother of my only daughter that took 15 yrs to conceive
now tell me she's a cop too
she's an AUDITOR banking
wow, must have been fun trying
couldn't pass the CPA exam
well it is a lot harder than the bar exam
so no special preemptive forms, just add a letter of explaination?
I wouldn't add anything; because the idiots that will look at it initially won't know what to do with that
ok.. so a refund around this time next yr
you have an office as well as online
did your wife claim you daughter just to be a PIA or what story is she going to give them; she must know it is wrong
I'm retired; just doing this for beer money
best i can tell she's trying to max deductions and seperate liability
as well as make my life miserable
35 years jerking around with tax law used most of my sanity
2008 she forged my sig so she'd get the erefund into her acct
I started with Coopers & Lybrand in Boston, now Price Waterhouse Coopers
2009 she took the enrtire 14k joint refund which was to go into the house and paid her bills off
look we all have those stories
hahahah what NO co-miserate I thought u were my bud
it's cheaper than being married for the rest of your life
no, then I'd have to tell you my sad tale of woe
yeah, i'm a 2 time loser
lost 2 fortunes
just met a woman who gave $500,000. to some Indian clinic last year
yeah those Pachanga indians only get $100k/yr for each member, no work involved, they could use the extra $500k
I think she's a relative of some muti-millionaire; has a famous last name; maybe I finally got lucky
keep me in mind ...
don't know what she wants me for; maybe she needs a free tax return
I don't even do them anymore >00<; quit after 10,000.
does it really matter why???
not at all
ok, have I got you confused enough yet?
when the ship hits the sand, you can get me here just ask for "Steve G" & you won't have to go over the whole story again
Not at all.. thanks for the advice and entertainment. If you ever need a beer bud I'm at XXXXX@XXXXXX.XXX. Enjoy the cruising with the new gal pal...
never know when I'll need my own sniper
hahahaha I'm retired
they xout any personal contact info
but a solid pre-nep ought to work for 'ya
where are you in CA?
or home west covina south hills
where is that; give me a break i'm on Cape Cod
what is it near?
if you put the letter c ahead of my name dann and add yahoo you have my email
cape cod say hello to Martha at the vineyard for me
oh that's shoud read dannd
if you put keeper with my school UMIAMI & add verizon and put it with a basketball net you got me too
great next year you can do my return!!!
dandy don merideth
what major city are you near/
25 miles east
headig to Thailand OCt maybe retire there
you could of said in first place............south of LA?
you definitely are out there; take your brother with you; what a pair
cal poly pomona, harvy mudd
oh it's in town for me
were you there in Vietnam?
Da Nang 70-71
so it's good weather & inexpensive & a lot ex-patriots there?
which totally explains my mental issues
I pulled 315 in the lottery
weather and cheap living great food wild gals
better bring your boots; you could buy a rice patti
give your brother something to do
ok, we have to end this stand-up routine; good luck with it all;
hang on to that community property
take care.. apprecaite your time
just worked on a divorce in Napa; nightmare on elm street
Don't forget to accept; I need a drink after this
ok hitting the accept or save & exit?