Discussion:Head of household question

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Discussion Forum Index --> Basic Tax Questions --> Head of household question
Discussion Forum Index --> Tax Questions --> Head of household question

Www.cpa1.biz (talk|edits) said:

12 March 2009
Almanacers,

Husband and wife are married and live in home. They have one child together. The husband has another child who lives with them from another mother. The married couple whould like to file seperately because husband owes IRS for school loan default.

1) Can husband file head of household for the child from the other mother or must he file married filed separately if the husband and wife do not want to file together?

2) Can the wife file head of household for their child or must she file married filing seperately?

Please advise.

Deback (talk|edits) said:

March 12, 2009
File married joint and Form 8379 (Inujured Spouse) instead.

Www.cpa1.biz (talk|edits) said:

12 March 2009
What are the chances of getting this money back from the injured spouse and do you know how long is usually is once they get the injured spouse refund.

Irsfixer (talk|edits) said:

12 March 2009
Of course they cannot file HOH.

RoyDaleOne (talk|edits) said:

12 March 2009
Checklist:

1. US citizen or resident alien

2. Unmarried or considered unmarried

  a. their spouse did not live in the home during the last six months of the year.

Failed test 2. a. therefore neither can not file as head of household, just like Irsfixer said.

Deback (talk|edits) said:

March 12, 2009
The injured spouse refund takes 6 to 8 weeks, I believe. The injured spouse (the wife, in this case) will get her share of the refund. The debtor's share of the refund will be kept to pay on his debt. The IRS figures her share of the refund based on the amounts entered on Form 8379. You'll probably have to override some of the amounts, since ProSeries Professional doesn't carry the amounts to Form 8379 correctly all the time, even when you have the TSJ indicators toggled to on.

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