I am in hot water need advice

[LdiJ]

I do not normally do this...but Krucifikkz, if you will turn on your private messages and send me a private message, I will help you get this accomplished.

 

[Wanda June]

What is the name of your state (only U.S. law)? Ohio

The guy who answered me before was not a tax professional. He just knows a bit about taxes. He has not certification. He just said it was due to my husband not living with me during the last 6 months of the year of 2010 and because I had 2 kids, had a job, no child support, etc.

So you get on the internet, get some tax advice from somebody, not a professional, who knows a bit about taxes.

When that causes a bit of trouble your remedy is to....get on the internet and get some legal advice from somebody, not a professional, who knows a bit about law?

 

[LdiJ]

So you get on the internet, get some tax advice from somebody, not a professional, who knows a bit about taxes.

When that causes a bit of trouble your remedy is to....get on the internet and get some legal advice from somebody, not a professional, who knows a bit about law?

At least two tax professionals have posted on this thread.

 

[davew128]

since her husband alledgedly had no income an amended return to a joint return solves ALL of her problems.

Amending the return to MFJ requires that the husband be available AND agreeable to signing the 1040X. It may make sense if in fact hubby really didn't have any income, but you can't MAKE him sign off on it.

That would depend on their contention. A contention of fraud is not removed by amending the return.

1) Nobody has contended that fraud is an issue here. 2) Even if the school is questioning it, they don't have legal standing to do anything with regards to that tax return.

Assuming the facts are as OP states, the return was correctly prepared. The school can accept that or not, but myself I would go to school somewhere else if they're causing this much hassle over something they clearly are not qualified to speak on. If the school doesn't get it that under these circumstances that tax law allows someone to be considered unmarried (the technical term here).

Slightly off topic observation is that when I was going through the financial aid process, the #1 school I was accepted to wanted the financial information from my father. That information was never coming for some fairly obvious reasons, but the school insisted I had to get it if they were going to offer any aid. Needless to say I went to #2, and never looked back.

 

[Krucifikkz]

Okay sorry I take so long. I am very busy with kids and school and things of that nature. Now that my husband has recently returned I know next year I will file jointly.

Here is the circumstance:
The school just wants confirmation that my filing status is correct. I thought I was in hot water because they claimed that the filing status HOH is only for widowed people or single people with dependent children not for married people.

I know I should have never taken my advice from someone on Turbo Tax. I filed with TaxAct because Turbo Tax was being complicated but I got the advice from more than 1 person on the TurboTax forum that if my husband has not lived with me for at least the 6 ending months of 2010 and that he had no income and that he did not pay child support I could file HOH.

I cannot ammend my return now. I already received a refund back in March and if I amend it to say we were joint when I claimed HOH ...can't I go to prison because I've spent the refund?

Seeing as how......the refund wouldn't normally go to me it would go to my husband's ex baby mama. A part of the reason we split for so long last year we were working out so many issues I don't feel the need to discuss.

The school is saying I had no right to file that way and they just want a letter with a letter head from a tax professional or a document from the IRS saying that it was the right filing status considering that my FASFA says I was married in 07.

I am not in legal trouble that I know of. I am also not being questioned by the IRS or audited.

We are still fixing our marriage but living together now.....jfwiw.

I am not lying.....my husband's best friend let him stay with him from May til recently I don't recall when he came back now. For all I know we will be living separately again soon.
This again has nothing to do with the IRS questioning our status at all.

 

[Krucifikkz]

Oh hey I also want to say I will print that information out and Fax it with a cover letter on Monday. That should be proof enough.....

If not I will come back with their reasoning for not accepting that.

 

[Krucifikkz]

I sent the publication 501 through an email for the financial aid director and she said this wasn't evidence enough that my filing status is correct.

The LAST school I went to didn't care what my filing status was they were concerned with how much money I made and whether or not I was a dependent child. They didn't care if I filed HOH or mfj or mfs. They would probably care if I incorrectly filed single but I didn't. The last school I went to only looked at my income for the previous year and my dependency status.

 

[LdiJ]

Okay sorry I take so long. I am very busy with kids and school and things of that nature. Now that my husband has recently returned I know next year I will file jointly.

Here is the circumstance:
The school just wants confirmation that my filing status is correct. I thought I was in hot water because they claimed that the filing status HOH is only for widowed people or single people with dependent children not for married people.

I know I should have never taken my advice from someone on Turbo Tax. I filed with TaxAct because Turbo Tax was being complicated but I got the advice from more than 1 person on the TurboTax forum that if my husband has not lived with me for at least the 6 ending months of 2010 and that he had no income and that he did not pay child support I could file HOH.

I cannot ammend my return now. I already received a refund back in March and if I amend it to say we were joint when I claimed HOH ...can't I go to prison because I've spent the refund?

Seeing as how......the refund wouldn't normally go to me it would go to my husband's ex baby mama. A part of the reason we split for so long last year we were working out so many issues I don't feel the need to discuss.

The school is saying I had no right to file that way and they just want a letter with a letter head from a tax professional or a document from the IRS saying that it was the right filing status considering that my FASFA says I was married in 07.

I am not in legal trouble that I know of. I am also not being questioned by the IRS or audited.

We are still fixing our marriage but living together now.....jfwiw.

I am not lying.....my husband's best friend let him stay with him from May til recently I don't recall when he came back now. For all I know we will be living separately again soon.
This again has nothing to do with the IRS questioning our status at all.

Yes you can amend your return now. If your husband really had no income then amending your return will only result in a bigger (or perhaps the same) refund not a smaller one, and even if it did end up as a smaller one, you would not be going to jail, you would just have to make payments to the IRS to pay back the excess refund.

In addition, it doesn't matter if HIS refund would normally go for back child support, because you would have filed an injured spouse form with your joint return and since he had no income, the refund would have gone to you anyway.

 

[LdiJ]

Amending the return to MFJ requires that the husband be available AND agreeable to signing the 1040X. It may make sense if in fact hubby really didn't have any income, but you can't MAKE him sign off on it.

1) Nobody has contended that fraud is an issue here. 2) Even if the school is questioning it, they don't have legal standing to do anything with regards to that tax return.

Assuming the facts are as OP states, the return was correctly prepared. The school can accept that or not, but myself I would go to school somewhere else if they're causing this much hassle over something they clearly are not qualified to speak on. If the school doesn't get it that under these circumstances that tax law allows someone to be considered unmarried (the technical term here).

Slightly off topic observation is that when I was going through the financial aid process, the #1 school I was accepted to wanted the financial information from my father. That information was never coming for some fairly obvious reasons, but the school insisted I had to get it if they were going to offer any aid. Needless to say I went to #2, and never looked back.

Dave, because there has been such massive fraud across the country with people filing head of household when they are not entitled to that filing status (therefore massive EIC fraud) anyone applying for financial aid (ie government assistance for school) is being scrutinized very carefully if their tax return shows HOH status. This is fairly new, and is becoming much more mandated.

Therefore, I doubt that going to a different school is likely to solve the problem.

However its true that if hubby won't cooperate, she isn't going to be able to file a joint amended return.

 

[Krucifikkz]

So filing an amended return when I already spent the refund will mean I need to be audited or something?

I don't think my husband will want to sign anything like that. Like I said for all I know he could be moving out next month. I mean wouldn't I be in a lot of trouble and under more scrutiny if I amend my return?

 

[Krucifikkz]

I sometimes wonder if I would be better off divorced.

 

[Krucifikkz]

If he's willing to sign mfj tax return will I avoid penalties? I dont wanna go to jail im like overwhelmed that this will put me behind bars.

He really did not have any income that I can prove. I cannot easily prove that he was living with his bestfriend for 7 months of the year last year....he left shortly after I got pregnant with #2.and came by when he visited the kids or to get the mail.

He didn't pay a dime in cs i never asked for it either though. i paid for their food, clothes, shelter, diapers, etc.

but maybe he will sign it. i just wanna know if i am going to prison for fraud if i amend the return. ESPECIALLY since he owes child support to his EX.

Can I amend the return myself or do i need help of a professional to do it?

 

[LdiJ]

If he's willing to sign mfj tax return will I avoid penalties? I dont wanna go to jail im like overwhelmed that this will put me behind bars.

He really did not have any income that I can prove. I cannot easily prove that he was living with his bestfriend for 7 months of the year last year....he left shortly after I got pregnant with #2.and came by when he visited the kids or to get the mail.

He didn't pay a dime in cs i never asked for it either though. i paid for their food, clothes, shelter, diapers, etc.

but maybe he will sign it. i just wanna know if i am going to prison for fraud if i amend the return. ESPECIALLY since he owes child support to his EX.

Can I amend the return myself or do i need help of a professional to do it?

NO you will NOT go to jail if you amend your return. NO, you will NOT get audited if you amend your return.

The fact that he owes child support to his ex is completely and totally IRRELEVANT. The only relevancy is that if you do not include an injured spouse form with your joint amended return, then any extra refund that might be due to you would be seized.

You really need the help of a professional to do this...you also need someone to explain things to you since you are not understanding what you are being told here.

I have been a tax professional for more than 25 years. I have done hundreds of these kinds of amended returns and the worst that has ever happened to people is that they have had to pay penalties and interest on any balance due that they owed. Nobody goes to jail for something like that.

 

[Krucifikkz]

NO you will NOT go to jail if you amend your return. NO, you will NOT get audited if you amend your return.

The fact that he owes child support to his ex is completely and totally IRRELEVANT. The only relevancy is that if you do not include an injured spouse form with your joint amended return, then any extra refund that might be due to you would be seized.

You really need the help of a professional to do this...you also need someone to explain things to you since you are not understanding what you are being told here.

I have been a tax professional for more than 25 years. I have done hundreds of these kinds of amended returns and the worst that has ever happened to people is that they have had to pay penalties and interest on any balance due that they owed. Nobody goes to jail for something like that.

Okay I looked up the 1040x it looks reasonably simple. I just need to check "MFJ" this time around and keep all the other information the same, right?

 

[OHRoadwarrior]

The numbers will change favorably as you factor exemptions/deductions. Make sure to file injured spouse form also.