Lucho Posted March 17, 2009 Report Posted March 17, 2009 A client got marry in December 2008 and troubles in the relationship started January 2009. she has found letters that belong to spouse that show back taxes owed plus some others issues. She (my client) wants to file MFS but husband will not give her his SS#. I told her that I will find if there is any other alternative and let her know. Has anyone had this situation before? If so, what did you do? Out of my mind come ideas like: 1) Filing MFS without the spouse SS# and attaching a statement informing that she is unable to get it from husband. 2) Going to an IRS office with all documentation including the married certificate to see if she can get that SS# through the IRS employees. Any ideas or comments will be appreciated. Thank you, Lucho Quote
Lucho Posted March 17, 2009 Author Report Posted March 17, 2009 Isn't his SS# on the letters? No. She showed me one from CA state (Franchise) and I only saw an account # but not SS#, EIN or ITIN. Quote
Lion EA Posted March 17, 2009 Report Posted March 17, 2009 MFJ with injured spouse or whichever form it is. Quote
Lion EA Posted March 17, 2009 Report Posted March 17, 2009 Does she have a good divorce lawyer yet? Quote
ILLMAS Posted March 17, 2009 Report Posted March 17, 2009 A client got marry in December 2008 and troubles in the relationship started January 2009. she has found letters that belong to spouse that show back taxes owed plus some others issues. She (my client) wants to file MFS but husband will not give her his SS#. I told her that I will find if there is any other alternative and let her know. Has anyone had this situation before? If so, what did you do? Out of my mind come ideas like: 1) Filing MFS without the spouse SS# and attaching a statement informing that she is unable to get it from husband. 2) Going to an IRS office with all documentation including the married certificate to see if she can get that SS# through the IRS employees. Any ideas or comments will be appreciated. Thank you, Lucho Lucho, don't go through all that trouble, at the end the TP won't value your service and will question your bill too. Easy way would be to file single for 2008, this give your client a year to get the SS# for 2009 tax return. Something I am learning is that don't make your clients trouble your trouble :-) Quote
RitaB Posted March 17, 2009 Report Posted March 17, 2009 MFJ with injured spouse or whichever form it is. Yeah, I agree, MFJ with injured spouse will probably be best outcome if he has the right debt (can't believe I said that), but hubby will have to sign it, and cough up SSN, too, and he may not. I would not hesitate to do MFS leaving his # off, if she wants to do that. Agree with MAS, don't work your butt off on this, BUT I would NOT use Single as filing status. That is not correct, unless there is an annulment, and what if EIC is an issue? BTW, I would not even say the word "annulment" to your client, cause then she wants legal advice, too. Quote
kcjenkins Posted March 17, 2009 Report Posted March 17, 2009 File her a paper return, MFS, and put "REFUSED" in the place for his SSN. DO NOT file a joint return with him, that will just open her up to his problems, even if you file the injured spouse form. Then send her to a lawyer, and suggest that she consider asking for an annulment based on 'fraud'. It's entirely possible that she can get one, and then you can amend her return to 'single'. But don't file her that way until she gets the marriage annulled. Quote
ljwalters Posted March 17, 2009 Report Posted March 17, 2009 I agree MfS, mailed, with unable to get SS#. DO NOT file single. Advise her NOT to file MFJ. Explain she could be liable solely for all his debt. Lnda and buddy Quote
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