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Just got off the phone with ATX support - my 2013, 2014 and 2015 ATX programs would not work. A hacked Adobe Flash update put a rootkit in my computer, and went after all financial programs (QB, etc). I can't say enough about ATX support. In less than 20 minutes from the time he remoted into my computer, he had me up and running! Now that's what I call service! Very professional and very competent. Wait time and service was less than 30 minutes. That's acceptable to me.

The only thing I would add is don't hire your own attorney. How would you know who to call, what their experience is in these matters? Contact E&O first, let them pick the attorney when and if one is necessary.

When in doubt, hug it out.

Steve Gibson has been providing invaluable free services for computer users for a very long time.

Her story? Her story will be, I told the preparer that I wanted to file separate and the tax guy/lady prepared my taxes as HH. She wont tell you that maybe she went to two preparers because they stylist told her that with children she should get a bunch of money because she works (EIC). Was the wife the one who approached you or was it the guy? If the guy approached you, this is what I would do. I would file him as MFS and itemize his deductions or take 0 standard deduction. You don't need to see the other return unless the wife came to you and told that she wanted to amend. With his papers in front of you, do you care if each June he was kicked out of the house and returned in January? Do you need that information? I don't think so... as long as you file MFS and itemized deduction. Just ask the husband for the wife's and ss number. In any event, I reject this type of clients because divorce lawyers are and should be nosy. I am glad I prepare taxes and I don't need to be nosy as divorce lawyers.

Catherine, When I closed my office after thirty five years, I had to walk away knowing that I probably will never see payment for some work performed. I was surprised when the decency of some clients paid up. I still never collected all due me, but I'll live with that. I only pray the client can.... Good luck Girl... Hugs All Around..........

I turn off my computer every evening. When I came in this morning and started it up, it was nice not to have to deal with the annoying Win 10 popup, since I ran the Never10 utility. Thanks very much for that link.

I'd call the E&O and ask their opinion. What on earth would they be coming after you to achieve? (legally?) I absolutely hate the "Oh I thought I told you about that" storyline that people throw out after the fact. Had a client this year who had 2 years of screwed up tax returns. We walked through it this year, I asked tons of questions and explained it all when we did the return. His ex-wife is claiming he shouldn't have taken a deduction and the client is trying to blame me. He remembers me asking questions and him answering them but somehow he can't remember why he answered them truthfully.

http://www.pcworld.com/article/3073457/windows/how-microsofts-nasty-new-windows-10-pop-up-tricks-you-into-upgrading.html Run this (no install needed): https://www.grc.com/never10.htm Or get GWX Control Panel here: http://ultimateoutsider.com/downloads/

I agree with calling the E&O to discuss. I'm curious which one of the owners signed the returns each year after Books spun his additional stories?

Shouldn't the FTC be doing something about this? I think it would qualify as an unfair business practice.

If you can get Rita to give them each a hug, I have a client with a backhoe and a huge plot of forest land...

While my legal education does not extend past Perry Mason and Judge Judy, please don't take this as legal advice. But I feel compelled to give my opinion as I had a similar experience with H and W shareholders and it makes me angry seeing someone try to take advantage of a friend for their own gain, which is what Books is trying to (blaming you for his carelessness, ignorance, and greed). In my case I had all hard copies and notes, but as you say you had to make adjustments so wouldn't you be able to retrieve hard copies of the returns and amended returns if prepared? From your synopsis it appears your memory is good so why not re create notes, and explanations, especially the reason for Pro not being able to deduct losses, from your knowledge of what Books was telling you and the continuous statements from Books of unreported loans and other items. I don't think this is a violation of 230 as they are both questioning and answering the same situation, I don't see it as talking about one without the other's permission. I think your being prepared will show them they are barking up the wrong tree.. Getting a consultation from an attorney and speaking with your E&O will give you good preparation as to what you might expect and what you should do. Count me in for the drive by if needed, and let me know if you need me to call Brooklyn. It's not you, it's them. Good luck, Bill

A cute spoof of all the no-tax nonsense we all hear about. Sent by a friend; the link goes to YouTube. How To Pay Zero Income Tax

Just talked to my IT person and he said to go for it. He has used Steve Gibson utilities in the past and this advice from Abby Normal may help him to solve a lot of problems. So, thank you.

I will meet with them jointly and hear what they have to say. Until then I am not making any assumptions or taking any action. Thank you Judy for the link.

Thank you....it did take about less than 1 second!

I tried this companies tax preparation software. It was horrible. Not user friendly, had basic mistakes. I had to refund the fees to one client. I spent more time sending them issues than doing tax returns. The response that I received from there "support" group was normally that they were sending it to development to research. About half the time they got it fixed within a few days, but when i dumped them, I still had outstanding issues. Finally got rid of it and went back to my regular software. You get what you pay for. I felt like I was Beta testing for them.

Being tech stupid....I have windows 7. Do I just click the green tab that says "download now" (next to File Stats for Never 10)? And do I need to do anything after that? Thanks.

That would change part of what I posted about the date filed, but I don't think that fact changes any potential penalties and interest that may be assessed if you proceed with preparing amended returns for this couple. Off-topic explanation: Since I posted that link to sec 6013(b ) based on the OP's original information that has now changed, I want to clarify a point so that someone else isn't mislead. The IRS lost in tax court when it tried to argue that a return filed using HOH status fell under sec 6013(b ) as being filed "separate". The holding was that HOH is not considered as "separate" under the wording contained in 6013(b ) (1). A good article from the Journal of Accountancy (safe link) explains that case. Anyway, I don't think this will affect the OP's return because the husband hadn't received any notice. Now let's get back to the topic - So your ? They live together, right? Because I can't believe wife would be willing to file joint with estranged non-filing husband to get him out of a penalty situation that will expose her to that and more. These people sound like a mess that I'd most likely turn away too, depending on the story she tells about how her filing status was determined.

Look at the claws on that grey one? Holy cow, they look like they can do some damage. Catherine, I feel really bad for you. I have no advice. I really hope it plays out well for you. Tom Newark, CA

Now you have a bigger issue to deal with. This might be a reason for me to refuse this engagement.

Some of us sounded the warnings 3 years ago...

You will have to start with her return and amend to add his information. Who is primary will have no effect on tax or penalty consequences. Amending to include his unfiled information will NOT eliminate penalties and interest. Amending to MFJ will make her jointly and severally liable for penalties and interest. They chose the path/actions/procrastinations. They are the cause of the penalties and interest. Be sure you charge adequately for your work.

My recommendation is to call your E&O. I have had two situations over the years that just might have given rise to an issue even if not a lawsuit and called about them. In both cases, an advisor called me to discuss the particulars and gave great advice. Nothing came of these issues but I felt so much better having someone else in my corner giving advice and prepared to support me. Good luck! I think I need to also reconsider how long I stick with these grandkids trusts. I know one is being moved this year because the beneficiary has gotten so nasty. I don't want 2 more years of her.

I think this could be handled by entering 100% of the transactions as reported on 1099-B on the husband's returns and then entering code "N" in col f to back out the portion of gain or loss attributable to the ex-wife. Include an explanation to accompany the return that includes a statement of why this was done, the ex-wife's name and SSN, and the amount of gain or loss she is including on her return. On ex-wife's return, report her share of the #s from the 1099B. She won't have a matching issue so this shouldn't generate an IRS letter. Attach a similar explanation to her return stating that amounts attributable to her were reported on the 1099B to the ex-husband, and be sure to include his name and SSN in that explanation. I could live with the suggestion made by Abby Normal and Danrvan also.

Thank you very much! That was my problem. After changing Q3 to Yes it allowed the penalty to be pro rated without the need to override the question I mentioned above. This whole ACA is quite complicated.

it's page 14.

• The penalty is pro-rated for the number of months you were without health insurance, but there is no penalty for a single gap in coverage of less than 3 months during each year. http://obamacarefacts.com/obamacare-individual-mandate/