grrr I am so mad - split up

[WITAXLADY]

so he was a bully for 2018 taxes - they could no even sign together..

She came to me for 2019 taxes and has moved away so H/H more than 6 months of 2019

Now he calls and insists he paid me for 2018 I must give him a full copy of 2018 as he paid me - she did actually - and per the court they must file MFJ

He is on disability so he wants her EIC, etc.. 1/2 anyway.

1 - Our policy; we remove the soc sec numbers of the spouse before releasing the copy to the other spouse unless (she) wants to give him a copy of the original,  and then give each their own set

2 - Does the IRS laws take precedent or the Court? MFJ or H/H?

He is a bully - telling me what I am going to do and that is why she moved, etc He said he needed it for FAFSA and he said he needed a copy of her W-2 for FAFSA - get it from the IRS!

I gave him the 2 page 1040 - shows her income - all there is.. and that is all he is getting until Oct 15th. I said goodbye after he argued about 8 minutes.

I asked for a copy of the court order and said unless he signed a letter of engagement and paid me , he was not my client - he threatened to leave as a client..

wow - $125

I took her on by herself initially..

Do I have to give him a full copy?

2 - IRS or court? - I can file mfj - so she is not in contempt or bothered more by him or I am not filed with a law suit..

Advice?

Thank you

and it is Tuesday!

[Lion EA]

IRS doesn't care what a state court/divorce decree says. However, if a bully can take your client back to court because she didn't adhere to the divorce decree, it sounds like he will. This has to be her decision how to file for 2019 after you explain her options.

If they were MFJ for 2018, you do have to provide a copy to either spouse. However, you can charge for it (assuming you gave the couple a copy when filed in 2019).

Haven't had a separated couple for some time, so someone will jump in here to clarify this...

[grandmabee]

I do think you need to give him a complete copy of the 2018 joint return.  You can mask the SSN's.  He was a client in 2018.

Not her W-2's.

IRS doesn't care about state court papers.  BUT if she doesn't follow the state court doc's she could be trouble with the state court.

You need to talk to her and get a copy of the state court papers,  he may be not telling the entire truth, she should know.

You can't take him on as a client for 2019 unless they file a joint return, conflict of interest.

I would not even talk to him again.  talk to the wife

 

[BulldogTom]

43 minutes ago, grandmabee said:

You can't take him on as a client for 2019 unless they file a joint return, conflict of interest.

I would not even talk to him again.  talk to the wife

^^^  Yes!  Exactly!  grandmabee has it exactly correct.

Tom
Modesto, CA

[WITAXLADY]

Thank you  -

He said they lived together all of 2019 - she just told me she moved out in Feb 2018.

She wants the soc sec numbers masked..

And I gave 1 2018 copy but I will be nice and give him a masked copy..

and he would not be a client as he has no income  but if I have to do a MFJ  he will have to sign the engagement letter - right!!

She will talk to her lawyer

 

Can I file H/H Fed and MFJ WI?

[Sara EA]

The lawyers are the ones who should handle this.  You stay out of it.  It is not up to you to determine if they have to file jointly for 2019, and you certainly can't give him her W2.  Usually in these cases she provides her lawyer with the requested info and that lawyer works it out with his lawyer.  Civil court rulings do not override federal laws.  I have had cases where a couple divorced before the end of the year and the divorce decree stated they had to file jointly for that year.  I don't think so....

[Corduroy Frog]

If you filed a joint return for 2018, you are on the hook to provide to either spouse.  You can charge for preparing a copy, which will probably enrage this guy.  But you can do it.

You have absolutely no obligation to discuss 2019 with him.  A state court order to file jointly means nothing to the IRS.  If Wisconsin decrees this as a domestic solution, make them go through the misery of going through the legal channels to do so.  Even if this happens, you have no obligation to discuss anything with him.

If these two finally divorce, you absolutely cannot file jointly.  That is Federal and Wisconsin can't do anything about it.  If a Wisconsin return has to be filed, I can't speak to that.