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About John Stancil, CPA
Expertise
I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I teach tax and accounting at a small church-related college. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a part time tax practice for over 30 years. I am a member of the AICPA, National Association of Tax Professionals, and the Institute of Management Accountants. Visit my website at www.johnstancilcpa.com. Also visit my blog, www.thetaxdocspot.com.

Experience
I hold a doctorate in Accounting, and four professional certifications: CPA, CMA, CFM, and CIA. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I write a monthly tax column for the local newspaper. I have prepared taxes for over 30 years.

Education/Credentials
DBA University of Memphis MBA University of Georgia BS in Accounting Mars Hill College

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Tax Law (Questions About Taxes) - married filing separate

Expert: John Stancil, CPA - 11/5/2009

Question
My wife and I are separated and headed toward divorce. I make about 40,000 this year and have quite a bit witheld from my checks. She is self employed and doesnt make much she may gross 20,000 at the most but actual profit is probably 8,000 and doesnt have any money witheld so come tax time, she owes some but due to our having 1 child and owning a house, and myself witholding alot through my employer, we still get back one or two thousand each year. How will filing separate affect this and we also live in Az which is community property. Also, if she were to cheat on her taxes and was audited after we were already divorced, can they still go after myself also since it might have happened while we were married? She has always 'written' off alot of expenses for her line of work, but I am not sure that she always has the receipts and documents to back it up.

Answer
James,

Thanks for your question.

If you file separately, you cannot be held liable for what is on her return.

Filing separately denies you a number of tax benefits - you cannot take the child care credit, earned income credit, or education credits. Normally, the combined tax liability is higher with separate returns.

Hope this helps.

John Stancil, CPA

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