Casey in Michigan wrote:

- quote -

No special rules for incarcerated spouses. In order for a
married person who has an eligible person living with them
to file as HOH, the spouse can not have lived in the home
during any part of the last half of the year. If the spouse
spent even one night in the home during the last six months,
the test is failed. You state that the spouse was jailed at
the end of August. Assuming he was living in the home any
time after June 30th, the test is failed.

--
Alan
http://taxtopics.net

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Casey in Michigan wrote:

- quote -

Unfortunately your sister has no choice but to file either
MFJ or MFS. One solution would be to get her husband to
sign a power of attorney to allow her to sign his name to
the tax return and to the refund check if any.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

"Casey in Michigan" <caseydblair[at]yahoo.com> wrote

- quote -

The Code is pretty straight on the other spouse living with
her during the last six months of the year. It would be on
her to prove that he wasn't a resident of the house past
July 1st.

--
Paul A. Thomas, CPA
Athens, Georgia
paulthomascpapc[at]bellsouth.net

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Casey in Michigan <caseydblair[at]yahoo.com> wrote:

- quote -

She files either MFJ or MFS, period.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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I need some help... My sister in law won't be able to get
her divorce completed before the end of the year and her
husband is rotting in jail. I'm trying to find a way to get
her Head of Household filing status - even though the
husband didn't go to jail until the end of August.

Does anybody know of any special rules available to spouses
of incarcerated losers? There are no concerns about who
provided the income for the year - just a question about
when he got arrested and started a long, long visit to the
Texas prison system...

Any ideas?

Casey

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >