Married but Separated for Several Years

[mcb39]

New Client called yesterday. She "says" she has been separated for several years and has filed divorce papers but cannot find X to serve papers. She wants to file Single rather than MFS. From what I have been able to find, there has to be a legal separation or divorce. Does anyone have any input? She has no children so HOH is out. I haven't met this client yet and am not sure that I want to, but she is mad at HRB because they wouldn't let her file Single last year. :scratch_head:

[jainen]

>>she is mad at HRB because they wouldn't let her file Single last year<<

What a dummy! Hasn't anyone told her the first appointment is just to smoke out problems, then she can change her story as necessary and go to a new preparer?

[Teri2414]

Cannot file Single; no legal separation or divorce; if cannot file HOH, then MFS is the only option. MFS isn't as bad as it used to be.

[Chrisbry]

she is mad at HRB because they wouldn't let her file Single last year.

I'd send her on over to Dancing Uncle Sam down the street. I don't need those headaches this time of year for a $50-$100 return. I have more important things to do (like going to Cancun in 21 days).

[mcb39]

All of you verified what I was pretty sure was correct. Some of you had some very interesting suggestions. I have until the 13th to think about where I am going to send her. I am really thinking that it might not even make any difference if she files MFS or Single. She already told me she is living with her boyfriend and he deducts all of the rent (in WI, we have a rent credit). I have a feeling she doesn't make much and would certainly not be able to itemize. I am really intrigued with Chrisbry's suggestion.

[RoyDaleOne]

Check abandoned spouse rule.

For what it is worth, you don't to serve the legal papers if you can not locate spouse, a legal notice is placed the legal section of the paper. There maybe a waiting period.

[mcb39]

Check abandoned spouse rule.

For what it is worth, you don't to serve the legal papers if you can not locate spouse, a legal notice is placed the legal section of the paper. There maybe a waiting period.

I was thinking along those same lines at first, but it won't work. The abandoned spouse has to be maintaining a home for a dependent son or daughter. Reg 1.7703-1((3) paragraph 1027. She will have to file MFS unless she shows me paperwork for a legal separation or divorce.