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USTaxAdvising
USTaxAdvising, CPA
Category: Tax
Satisfied Customers: 1237
Experience:  US Taxation specialist.
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My wife filed for divorce in September of 2011, but it did

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My wife filed for divorce in September of 2011, but it did not become final until February 2013. She and I continued to live in the same house until it was final. I had incorrectly understood that we could not file as "married filing jointly". For both 2011 and 2012, I filed as "Head of Household" and she as "Single". I just received an IRS notice that my filing was improper for 2011 and I'm sure I'll get another one for 2012. They recalculated my taxes as "married filing separately", and I now owe thousands of dollars more. My ex-wife is open to the idea of us re-filing as "married filing jointly", which I think would save us both money. Is this an option for me? Do I need to file a petition along with it?

USTaxAdvising :

Hello, Thank you for using justanswer. I can assist you with your questions today.

USTaxAdvising :

I just read through your facts.

USTaxAdvising :

Yes the married filing jointly ammended return is the best option for you. (Most definitely)

USTaxAdvising :

you do not need to file a petition along with it. The ammended return Form 1040X will ask for an explanation of the changes which you can plainly state that you incorrectly filed as head of household.

USTaxAdvising :

Basically since you were legally married up till Feb of 2013 you and your ex-wife could only file as married filing seperately or married filing jointly (assuming she was a U.S. citizen and or U.S. resident)

USTaxAdvising :

Your spouse will need to amend her return as well basically reporting nothing.

USTaxAdvising :

See link here from H&R block on how to do this - http://www.hrblock.com/tax-answers/services/jsp/article.jsp?article_id=64940

Customer:

Thanks for your help. To clarify, the notice from the IRS stated that if I wanted to file a petition, I would need to do that by September 23rd. You're saying that I do not need to respond to the notice, that it's enough to just re-file as married filing jointly? Do I need to respond directly to the notice to tell them that is what I'm doing?

USTaxAdvising :

I would suggest responding to the notice and disclose your intent to remedy your error (i.e. by filing married filing jointly)

USTaxAdvising :

That way they can document your account and when the amended return comes in it is not a surprise.

USTaxAdvising :

Make sense?

Customer:

Yes, that answers it. Thank you!

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