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Tax Law (Questions About Taxes)/Filing taxes jointly during a divorce

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Question
John,
I am a stay at home mom of two small children. I am also going through a pretty nasty divorce.  My attorney suggested however that we file jointly, since I do not yet have a job - & I am the custodial parent.  So, I went to our CPA with my information, & then my "ex" went on a different day to the CPA w/his job information.  The CPA said she could have the return deposited among 2 separate personal accounts (mine & his).  However, I am unclear as to how this can be divided.  Apparently, my ex does not want to divide the return in half -- because he's the one with a job.  But for now -& the past 3 years, raising my chidren has been my job!  I have not yet signed the return, & don't want to unless I get half of the return - which I feel is quite fair. Can you tell me if this is possible?...or what outcomes are possible?

Answer
Kelli,

Thanks for your question.

Form 8888 can be used to allocate the refund in any manner you (and your husband) choose by dollar amount. The bottom line is that the two of you must come to an agreement on the issue.

I would add that it is very difficult for the CPA to be impartial in this situation and you might explore retaining a CPA to negotiate on your behalf with the other CPA if you feel he is not being impartial. The threat of bringing in another party may be enough to make the CPA more impartial.

Hope this helps.

John Stancil, CPA

Tax Law (Questions About Taxes)

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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 am Professor Emeritus at Florida Southern 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 CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at www.mybaldcpa.com. I also offer seminars and consultations to churches and clergy on their tax issues at www.churchtaxsolutions.com Also visit my blog, www.thetaxdocspot.com. I am listed on Tax Connections at https://www.taxconnections.com/profile/John-Stancil/12258973 Prepare and file your own taxes at www.1040stancilcpa.com

Experience

I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

Organizations
FICPA, NATP, NCPE Fellowship, Lakeland Business Leaders

Publications
The CPA Journal, Florida CPA Today, Green Consumer, Green Business, Global Sustainability as a Business Imperative, Palmetto Review, NATP TaxPro Quarterly, Mustang Journal of Finance and Accounting.

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

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