Filing as Married or HOH?

[Pacun]

Now that we are on agreement, I would like to point two things.

 

1.- I like that example that you married someone at 11:59PM on December 2014. Unless you don't care people seeing you and are very quick, you will not consummate your marriage and you will NOT live in the same household at any point in 2014. BUT according to the law you will be married at end of 2014 and therefore you will have to file as MFJ and MFS.

 

2.- You tell this lady that she must file MFJ or MFS and show her the door. She comes to me and I asked her "Were you married at any point in 2014?", she says NO. Do you have any children living with you? yes.  Do you support them? yes. Is the support more than 50%? yes.... blabla bla. At the end of my conversation and 300 worksheets, I say to her "You qualify for HOH". Let me prepare your return and I will put my signature on it because I feel very comfortable with the return I have prepared for you.

 

End result, IRS gets ripped off, Janitor Bob looses a client, I gain a client and feel very strong about the return I prepared.

 

What will happen?

1.- The return never gets audited. Client is happy with me and pissed at Janitor Bob.

2.- The return is audited. IRS finds out she is married and ask her to return the money and some interest.

 

Is the punishment fair for that Tax Payer? Isn't it too little punishment?

Edited February 3, 2015 by Pacun

[Pacun]

I tried to correct... I meant to say that because I prepared the return, I will signed it. BUT I wanted to over emphasized that I felt strong about the return I prepared.. but after I read it sound that there are returns I don't sign. The only return I don't sign in any shape or form is mine.

[joanmcq]

JB, audits have been lost on spending one night together during that last 6 months. By her testimony, he was there for more than one night.

Second, what's the problem with MFJ? Why don't they want to file joint?