Janitor Bob Posted April 8, 2008 Report Share Posted April 8, 2008 Client just dropped off a copy of her divorce decree...final in April 2007...There in the decree plain as day...it states "Chad & Jennifer will file as Married filing jointly for tax year 2007" How could I possibly file them as MFJ when divorce is final 04/05/07? How could the attorney base their entire divorce decree on this? Quote Link to comment Share on other sites More sharing options...
jasdlm Posted April 8, 2008 Report Share Posted April 8, 2008 They can't file MFJ. Attorneys (I can say this because I am one) often fail to consult outside professionals when they are working in an area they 'think' they understand. Sheesh! Quote Link to comment Share on other sites More sharing options...
Pacun Posted April 8, 2008 Report Share Posted April 8, 2008 I have to defend lawyers. What the attorney meant is that each of them should have remarried by December 31, 2007 and therefore file MFJ. Quote Link to comment Share on other sites More sharing options...
BulldogTom Posted April 8, 2008 Report Share Posted April 8, 2008 JB, You have the most "interesting" practice of any of us. Where do they come up with this stuff? Jennifer needs to call her attorney and let you explain the tax code to him. The attorney ought to fix the defect in HIS work for free. A divorce decree does not over rule tax law. Single at the end of the year means filing single (or HOH if qualified child). Tom Lodi, CA Quote Link to comment Share on other sites More sharing options...
jasdlm Posted April 8, 2008 Report Share Posted April 8, 2008 Pacun, that is funny. Glad to have a chuckle this morning. Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted April 8, 2008 Report Share Posted April 8, 2008 Hey, JB, was the attorney's name "Coop"? Because I had one of his where it stated "The Plaintiff [husband] will claim the exemption for the Defendant [wife] for one-half the year, and she will claim herself for the other half of the year." Quote Link to comment Share on other sites More sharing options...
Janitor Bob Posted April 8, 2008 Author Report Share Posted April 8, 2008 Client just dropped off a copy of her divorce decree...final in April 2007...There in the decree plain as day...it states "Chad & Jennifer will file as Married filing jointly for tax year 2007" How could I possibly file them as MFJ when divorce is final 04/05/07? How could the attorney base their entire divorce decree on this? OK...I finally had time to really read this document...and it is NOT a divorce decree...It is a Separation Agreement...does that make a difference? Quote Link to comment Share on other sites More sharing options...
Pacun Posted April 8, 2008 Report Share Posted April 8, 2008 OK...I finally had time to really read this document...and it is NOT a divorce decree...It is a Separation Agreement...does that make a difference? Yes, it makes a difference. Lawyer is right (or at least not going againts tax laws), but he cannot force anyone to file jointly or separate. Since they have a written agreement to file jointly, I think they should file jointly. Quote Link to comment Share on other sites More sharing options...
Janitor Bob Posted April 8, 2008 Author Report Share Posted April 8, 2008 Yes, it makes a difference. Lawyer is right (or at least not going againts tax laws), but he cannot force anyone to file jointly or separate. Since they have a written agreement to file jointly, I think they should file jointly. and I also see where it states the MFJ filing, it also states "for 2006"....so this year I guess they will file whichever way is better? MFJ or MFS...Correct? ...However, they have lived apart for the last 6 months of 2007, so I suppose they could file single and HOH? Quote Link to comment Share on other sites More sharing options...
Pacun Posted April 8, 2008 Report Share Posted April 8, 2008 and I also see where it states the MFJ filing, it also states "for 2006"....so this year I guess they will file whichever way is better? MFJ or MFS...Correct? ...However, they have lived apart for the last 6 months of 2007, so I suppose they could file single and HOH? No. Never single for 2007. The only choices are: 1.- MFJ 2.- HH for one with the kids and MFS for the other 3.- Both of them HH if they both had at least a child living with them. Keep in mind that they should have lived apart since June 30th for HH and a child must have lived with the HH parent Quote Link to comment Share on other sites More sharing options...
Janitor Bob Posted April 8, 2008 Author Report Share Posted April 8, 2008 No. Never single for 2007. The only choices are: 1.- MFJ 2.- HH for one with the kids and MFS for the other 3.- Both of them HH if they both had at least a child living with them. Keep in mind that they should have lived apart since June 30th for HH and a child must have lived with the HH parent Thanks...Yes I meant MFS, not single Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted April 9, 2008 Report Share Posted April 9, 2008 UNLESS........It is a legal Decree of Separation, which has much the same tax effect as a divorce decree. Quote Link to comment Share on other sites More sharing options...
Janitor Bob Posted April 9, 2008 Author Report Share Posted April 9, 2008 UNLESS........It is a legal Decree of Separation, which has much the same tax effect as a divorce decree. How would I know? The document is a "Separation Agreement"...spells out who gets various assets, custody of children, etc Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted April 9, 2008 Report Share Posted April 9, 2008 Then if it is signed by a Judge, it is the same thing, for tax purposes, as a divorce, and they can not file MFJ. They file as single or as HOH, as the case may be. Quote Link to comment Share on other sites More sharing options...
Janitor Bob Posted April 9, 2008 Author Report Share Posted April 9, 2008 Then if it is signed by a Judge, it is the same thing, for tax purposes, as a divorce, and they can not file MFJ. They file as single or as HOH, as the case may be. Well, I do not see an actual judge's signature, but it states that they did appear before Judge Jeffrey Welbaum and it was assigned a case number from Miami County Common Pleas Court. It looks identical to Divorce Decree that I have seen except for the words "Separation Agreement" instead of "Decree of Divorce" It would be MUCH better for them if hey filed MFJ and split the refund, but I want to make sure I can do this.....If not, I will file them as MFS and HOH... Quote Link to comment Share on other sites More sharing options...
jainen Posted April 9, 2008 Report Share Posted April 9, 2008 >>they did appear before Judge Jeffrey Welbaum and it was assigned a case number<< I know this guy, been thinking of getting married. Got a license, picked a date, even signed a prenup. But in the end they just decided to shack up for a while to see what it's like. Quote Link to comment Share on other sites More sharing options...
Janitor Bob Posted April 9, 2008 Author Report Share Posted April 9, 2008 >>they did appear before Judge Jeffrey Welbaum and it was assigned a case number<< I know this guy, been thinking of getting married. Got a license, picked a date, even signed a prenup. But in the end they just decided to shack up for a while to see what it's like. Huh? Quote Link to comment Share on other sites More sharing options...
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