brownie wrote:

- quote -

Yes.

- quote -

Yes as long as the child is the QC of parent #1 and the
other parent could not be claimed as a dependent of someone
else.

- quote -

Yes as long as child #2 is the QC of parent #1 and parent #1
has not released the exemption to parent #2.

- quote -

<< ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== >

"brownie" <rbauer01[at]worldnet.att.net> wrote:

- quote -

Yes

- quote -

Yes

- quote -

Yes

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== >

rbauer01[at]worldnet.att.net (brownie) posted:

- quote -

Yes, yes and yes. All questions get a "Yes" answer because
the basic filing status of MFJ is established "if you and
your spouse meet any one of the following tests. <material
elided> "3. You are married and living apart, but not
legally separated ..." [Source: Pub 17, 2005 Tax Year
edition.]

Note: Both spouses must sign the return, and are jointly
liable for taxes owed.

Bill

<< ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== >

If two married people have been living apart for the last
two years but have never gotten a legal divorce or
separation:

1) Can they can file MFJ if they choose?
2) Can their child, who lives exclusively with parent #1, be
claimed as a dependent and for all applicable tax credits
on the joint return?
3) Can a second child of parent #1 (different parent #2) also
be claimed as a dependent and for all applicable tax
credits on the joint return? (note:child #1 & #2 are QC of
parent #1, child #1 meets all QC reqmts for parent #2
except residence and child #2 meets all QC reqmts for
parent #2 (stepchild relationship by virtue of the
marriage) except residence?

I haven't found anything that would not allow the MFJ status
w/2 dependents.

Thanks.

<< ================================================== ===== > << 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 (2006) - All rights reserved. > << ================================================== ===== >