gfizer Posted March 29, 2017 Report Share Posted March 29, 2017 I have a couple who also happen to be friends who go to church with us. I have done their taxes for the last 5 years or so. In early February the wife left one Saturday morning to go visit her parents and texted her husband a "Dear John" note to the effect of "I don't want to do this anymore. I want a divorce." That was the last contact he has had with her except through her parents or the attorneys (I think she is a little mentally unstable but that's neither here nor there). They have two children and had not yet filed their 2016 tax return when the split occurred. It looks as though the divorce is going to be a very nasty affair. The husband told me that his attorney is going to try to get the judge to sign an order stating that they have to file a joint return for 2016 and split the refund accordingly. I asked him if he was sure she hadn't already filed and he has no idea. He has asked me to file an extension. Do I file an extension for both of them as MFJ or just for him as MFS? I have had no contact with the wife. I'm assuming she thinks that I will "get custody" of him in the divorce since he and his parents are still attending church with us and she has left. Quote Link to comment Share on other sites More sharing options...
rfassett Posted March 29, 2017 Report Share Posted March 29, 2017 The filing of extensions, for the past couple of years, has required a pro-active statement from the client requesting such an extension be filed. Based on that, I think your only recourse is to file an extension for him. The extension, per my recollection, does not designate filing status. And if there would be a refund coming, I am not sure you have a high level of risk of leaving her off the extension. Just my thoughts! Quote Link to comment Share on other sites More sharing options...
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