AboutMike Wellman Expertise I was a former Manager with Price Waterhouse, now PricewaterhouseCoopers, the largest accounting firm in the world. I have had clients in almost every industry and of every size.
I will only answer questions dealing with IRS problems such as delinquent tax returns, Offers in Compromise (Tax Settlement), IRS collection matters including installment agreements, liens, levies, seizures, audits, appeals, innocent spouse claims and injured spouse claims. All other will be referred to the question pool.
Experience Over 25 years experience in taxation specializing in IRS collections, examinations and appeals.
Publications New York Times, Wall Street Journal, Your Money.
Education/Credentials BBA, Baylor University.
Awards and Honors IRSOS.com won the Knowledgeweb award for educational excellence for content.
Expert: Mike Wellman Date: 1/18/2008 Subject: federal taxes
Question QUESTION: Hello. My husband and I are seperated.We live in Pennsylvania.It is my understanding that we have to be legally separated for 6 months before we can file separate returns allowing myself to claim head of household.In Pa. there are no separation laws, so we have no legal separation.
Can we file separate and I can claim head of household?If we do have to file together, we usually file injured spouse due to him owing arrears on child support and student loans.How much of the return will he be entitled to?
ANSWER: In order to claim head-of-household, you do not have to be legally separated. You must have lived apart for the last six months of the year and provided a home for a dependent child living with you. If you have no children then you must file as married jointly or married separately. If you file separately, your refund will not affected. I do not recommend filing jointly with him.
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QUESTION: My daughter lived with us for 8 months of the year and we have only been separated for 3 months.I make more money than him.
With that information, if we file married but filing separate, is he entitled to any of the tax return?What if we do as we have before and file injured spouse, is he entitled to any or how much of the return?
Thank you very much for your advice
Answer If you file separately, each of your refunds will be determined independently based on your separate income and withholding. You would only use an injured spouse claim on a joint return. If you file separately, you would get your refund, he will not.
I have no way of determining who is entitled to what. I learned a long time ago that in life, you do not get what you deserve, you get what you negotiate for. It would be a mistake to file jointly.
