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| Sassy Baskets, EA wrote: - quote - > Dick Adams <rdadams[at]smart.net> wrote:
To me, the anti-cohabitation laws generally apply to> > No question here, just an interesting situation. > > > Woman is widowed with three children. She has moved in with > > her twin sister who is married with two childen. The house > > has a lower level apartnment that was rented previously. So > > she asked me if she qualified as Unmarried Head of Household. > > After telling her that I do not do taxes and asking about > > the death of her husband, I gave her the business card of > > the person who does my taxes and told her I thought she gets > > to file MFJ for 2003 and 2004. She said what about 2005 and > > I replied she could file HoH as long as she was not sharing > > her brother-in-law with her sister. She snapped back "How > > could they prove that?" I smiled and told her the correct > > response was "Of course not" and she had better pay separate > > utilities. > What do you mean, "sharing"? I can't think of any answer > that would disqualify her from claiming Head of > Household--unless you were suggesting that her > brother-in-law had divorced her sister and married her > instead (which would in any case be easy to prove, so you > can't mean that). Nor do I see why failing to pay separate > utilities would necessarily preclude Head of Household > status, for they seem unlikely to amount to half the cost of > keeping up her children's home, unless she pays no rent, and > perhaps not even then. UNRELATED people. That is not the case in this situation since they are all of a single, extended family. "Sharing" is irrelevent in this situation. - quote - > Oh, and if her husband died in 2003, she may not file
I can only guess that such is what Dick meant as MFJ and QW> jointly for 2004. The proper status would be Qualifying > Widow for 2004 AND 2005, provided she claims one of her > children as a dependent and pays more than half the cost of > keeping up that child's home (the basement apartment, not > the whole house). are at the same rates. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| Sassy Baskets, EA wrote: - quote - > Dick Adams <rdadams[at]smart.net> wrote:
I suspect it was a joke based on the issue of whether two> > Woman is widowed with three children. She has moved in with > > her twin sister who is married with two childen. The house > > has a lower level apartnment that was rented previously. So > > she asked me if she qualified as Unmarried Head of Household. > > After telling her that I do not do taxes and asking about > > the death of her husband, I gave her the business card of > > the person who does my taxes and told her I thought she gets > > to file MFJ for 2003 and 2004. She said what about 2005 and > > I replied she could file HoH as long as she was not sharing > > her brother-in-law with her sister. She snapped back "How > > could they prove that?" I smiled and told her the correct > > response was "Of course not" and she had better pay separate > > utilities. > What do you mean, "sharing"? unmarried people who live together, each with children, can both be heads of household. One rule of thumb is what might be called the bed rule - if they share a bed there is only one household. Stu << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| "Dick Adams" <rdadams[at]smart.net> wrote: - quote - > No question here, just an interesting situation.
Q: When did the husband die? Has an effect on what status and when.> Woman is widowed with three children. She has moved in with > her twin sister who is married with two childen. The house > has a lower level apartnment that was rented previously. So > she asked me if she qualified as Unmarried Head of Household. > After telling her that I do not do taxes and asking about > the death of her husband, I gave her the business card of > the person who does my taxes and told her I thought she gets > to file MFJ for 2003 and 2004. She said what about 2005 and > I replied she could file HoH as long as she was not sharing > her brother-in-law with her sister. She snapped back "How > could they prove that?" I smiled and told her the correct > response was "Of course not" and she had better pay separate > utilities. Otherwise, she should be able to claim Qualified Widow for the two years following the death. Head of household is not part of this equation. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| Dick Adams <rdadams[at]smart.net> wrote: - quote - > No question here, just an interesting situation.
What do you mean, "sharing"? I can't think of any answer> Woman is widowed with three children. She has moved in with > her twin sister who is married with two childen. The house > has a lower level apartnment that was rented previously. So > she asked me if she qualified as Unmarried Head of Household. > After telling her that I do not do taxes and asking about > the death of her husband, I gave her the business card of > the person who does my taxes and told her I thought she gets > to file MFJ for 2003 and 2004. She said what about 2005 and > I replied she could file HoH as long as she was not sharing > her brother-in-law with her sister. She snapped back "How > could they prove that?" I smiled and told her the correct > response was "Of course not" and she had better pay separate > utilities. that would disqualify her from claiming Head of Household--unless you were suggesting that her brother-in-law had divorced her sister and married her instead (which would in any case be easy to prove, so you can't mean that). Nor do I see why failing to pay separate utilities would necessarily preclude Head of Household status, for they seem unlikely to amount to half the cost of keeping up her children's home, unless she pays no rent, and perhaps not even then. Oh, and if her husband died in 2003, she may not file jointly for 2004. The proper status would be Qualifying Widow for 2004 AND 2005, provided she claims one of her children as a dependent and pays more than half the cost of keeping up that child's home (the basement apartment, not the whole house). Of course, I'm sure your preparer will tell her this . . . << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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#-1
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| No question here, just an interesting situation. Woman is widowed with three children. She has moved in with her twin sister who is married with two childen. The house has a lower level apartnment that was rented previously. So she asked me if she qualified as Unmarried Head of Household. After telling her that I do not do taxes and asking about the death of her husband, I gave her the business card of the person who does my taxes and told her I thought she gets to file MFJ for 2003 and 2004. She said what about 2005 and I replied she could file HoH as long as she was not sharing her brother-in-law with her sister. She snapped back "How could they prove that?" I smiled and told her the correct response was "Of course not" and she had better pay separate utilities. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
| Tags |
| head, household, situation |
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