Wife wants to file incorrectly

[scared_dad]

What is the name of your state? CA

Possible separation/divorce. My wife wants to file a rapid refund as head of household claiming two dependents, since she got her tax papers already so she can get more money, maybe to hire a lawyer. We have lived together for all 12 months of 2006 with our 3 children plus her 1 child from a previous guy. I plan to file as married filing separate returns with two dependents , when i get them eventually. What will happen to my return? I told her she will get into trouble, what kind of trouble.

[LdiJ]

Originally Posted by scared_dad

What is the name of your state? CA

Possible separation/divorce. My wife wants to file a rapid refund as head of household claiming two dependents, since she got her tax papers already so she can get more money, maybe to hire a lawyer. We have lived together for all 12 months of 2006 with our 3 children plus her 1 child from a previous guy. I plan to file as married filing separate returns with two dependents , when i get them eventually. What will happen to my return? I told her she will get into trouble, what kind of trouble.

She is not entitled to file head of household in that instance. If she gets caught, she will have to pay back the excess refund, and if she claims EIC she will be prohibited from claiming EIC for at least two additional tax years.

Its a foolish move on her part. However, if you file correctly, then as far as the IRS is concerned, its not your problem.

[abezon]

Plus, you live in California, which means the CA FTB will go after her too. The FTB makes the IRS look like your kindly grandma. She's a fool to piss them off.

If you really want to spike her guns, claim all 4 kids. They lived with you the same length of time, so the parent with the higher AGI is the one who gets the kids under the IRS tie-breaker rules. (A step child is treated the same as a blood-related child, so you are a "parent" to all 4 kids.) I don't know what CA uses as a tie-breaker rule.