Married & filing single (head of household) Legal?

[poohsfan]

Is it legal to file federal/state taxes as single/head-of-household separately, even though I'm married and make less than husband? What are my chances of risking getting into trouble? How many other married couples have ever filed as single for the 1st year to get the needed tax refund back? Can the IRS find out if I'm married legally or not? If so, how? Will I be required to show proof of marriage (copies) to IRS upon sending my tax return in if I do file jointly? I have filed head-of-household, (divorced mom) of 5yr. old that exhusband wants no part of her life nor pays child support, and desparately need the tax refund. Isn't it fair that if you can't claim your child as a dependent if they haven't lived with you for more than 6 months, that you shouldn't be able to claimed "married" if you haven't been married for more than 6 months of the year? The law sucks if we can't find a better solution people. Any positive advice will be deeply appreciated. Thanks.

 

[ShyCat]

So, by your logic it would be fairer to allow a dependent deduction only for babies born before July 1st? Your marital status on December 31st determines your tax filing status, plain and simple, just as a baby born at 11:59 PM on December 31st is a dependent for that tax year. This is not the equivalent of a custody issue. A child can be a dependent of only one divorced parent (i.e., only one deduction per child, same as only one vote per person), hence the six-month (more specifically, over 50%) rule.

I do sympathize. Our October marriage cost us $2500 in federal income tax... helluva marriage penalty. But them's the rules.

I don't know if the IRS would catch you. Changed your name with Social Security? Gotcha. Disgruntled ex turn you in? Busted.

Myself, I wouldn't risk it, even if only for the sake of personal integrity. Integrity is doing the right thing when no one is looking.