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  #7  
Old 11-25-2008, 09:30 PM
Mark Bole
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Posts: n/a
Default Re: Filing Joint vs separately?

D. Stussy wrote:

- quote -

> > > > If you have dependent children you may be eligible for surviving
> spouse
> > > > filing status in 2009-10. See IRS Publication 501.


> > > No, he's not. Qualified Widow[er] status is for the 2 years AFTER

> death,
> > > not the year OF death.


> > I'll grant that I'm many years removed from basic arithmetic, but if the
> > wife died this year, which the calendar on my wall says is 2008, I'll

> stick
> > with the conclusion that the two years after her death will be 2009-10.



- quote -

> TAX years 2009 & 2010, to be filed in 2010 and 2011, for a 2008 death.

Filing status in this context ALWAYS refers to a tax year, not the date
a return is signed and sent. Why would you assume that a 2008 return
would necessarily be filed in 2009? I wager many of them won't be,
something that indeed is true of any tax year.

Also, QW filing status requires more than just dependent children and a
deceased spouse, you have to meet Head of Household requirements too and
your qualifying person needs to live with you the entire year, not just
more than half. QW is a two-year transition from MFJ to HH status
(extends the favorable taxation of MFJ for two years).

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #6  
Old 11-25-2008, 08:57 PM
D. Stussy
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Posts: n/a
Default Re: Filing Joint vs separately?

"Phil Marti" <prm20871[at]verizon.net> wrote in message
news:8YLWk.743$us6.714[at]nwrddc01.gnilink.net...
- quote -

> "D. Stussy" wrote:
> > > If you have dependent children you may be eligible for surviving

spouse
> > > filing status in 2009-10. See IRS Publication 501.
> > > No, he's not. Qualified Widow[er] status is for the 2 years AFTER

death,
> > not the year OF death.

> I'll grant that I'm many years removed from basic arithmetic, but if the
> wife died this year, which the calendar on my wall says is 2008, I'll

stick
> with the conclusion that the two years after her death will be 2009-10.


TAX years 2009 & 2010, to be filed in 2010 and 2011, for a 2008 death.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 11-25-2008, 07:35 PM
Gil Faver
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Posts: n/a
Default Re: Filing Joint vs separately?


"Phil Marti" <prm20871[at]verizon.net> wrote in message
news:8YLWk.743$us6.714[at]nwrddc01.gnilink.net...
- quote -

> "D. Stussy" wrote:
> > > If you have dependent children you may be eligible for surviving spouse
> > > filing status in 2009-10. See IRS Publication 501.
> > > No, he's not. Qualified Widow[er] status is for the 2 years AFTER death,

> > not the year OF death.

> I'll grant that I'm many years removed from basic arithmetic, but if the
> wife died this year, which the calendar on my wall says is 2008, I'll
> stick with the conclusion that the two years after her death will be
> 2009-10.


once again, you are right!

- quote -

> From IRS publication 17 (2007), page 20:

Spouse died. If your spouse died during the year, you are considered married
for the whole year for filing status purposes. If you did not remarry
before the end of the tax year, you can file a joint return for yourself and
your deceased spouse. For the next 2 years, you may be entitled to the
special benefits described later under Qualifying Widow(er) With Dependent
Child. If you remarried before the end of the tax year, you can file a joint
return with your new spouse. Your deceased spouse's filing status is married
filing separately for that year.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 11-25-2008, 04:22 AM
Phil Marti
Guest
 
Posts: n/a
Default Re: Filing Joint vs separately?

"D. Stussy" wrote:

- quote -

> > If you have dependent children you may be eligible for surviving spouse
> > filing status in 2009-10. See IRS Publication 501.

> No, he's not. Qualified Widow[er] status is for the 2 years AFTER death,
> not the year OF death.


I'll grant that I'm many years removed from basic arithmetic, but if the
wife died this year, which the calendar on my wall says is 2008, I'll stick
with the conclusion that the two years after her death will be 2009-10.
--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 11-25-2008, 02:47 AM
D. Stussy
Guest
 
Posts: n/a
Default Re: Filing Joint vs separately?


"Phil Marti" <prm20871[at]verizon.net> wrote in message
news:XNHWk.687$us6.565[at]nwrddc01.gnilink.net...
- quote -

> "Angelo Campanella" wrote:
> in message
> news:37GWk.153734$Mh5.147041[at]bgtnsc04-news.ops.worldnet.att.net...
> > I know that this is an old saw, but my wife died this past May, and I

soon
> > will need to file our taxes for TY2008 (we have been filing separately
> > through '07). Her income for this 2008 year will be somewhat less than
> > mine, while my income will stay about the same as '07. We do not have

much
> > to file as personal expenses. Her medical expenses were not great this
> > year. The choice between taking a standard deduction or calculating our
> > A/B deductables was a toss-up last year, with the AMT we are both due
> > making a difference in the compartive calculation. I will be using
> > Turbo-tax.
> > > You might advise he level of Turbo Tax I shoulod buy this year. (I am

> > self-employed and I'm sill active at it).

> My condolences on your loss.
> The death of your wife doesn't change your software needs.
> If you are not her personal representative you'll have to coordinate

things
> with that person, who has the authority to decide how her final return is
> filed. Because she had less than half a year's income it may result in

less
> total tax if you file a joint return with her, which is allowed as long

as
> her personal rep approves and you have not remarried by December 31.
> If you have dependent children you may be eligible for surviving spouse
> filing status in 2009-10. See IRS Publication 501.


No, he's not. Qualified Widow[er] status is for the 2 years AFTER death,
not the year OF death.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 11-25-2008, 12:03 AM
Mark Bole
Guest
 
Posts: n/a
Default Re: Filing Joint vs separately?

Phil Marti wrote:
- quote -

> "Angelo Campanella" wrote:

> > The choice between taking a standard deduction or calculating our
> > A/B deductables was a toss-up last year, with the AMT we are both due
> > making a difference in the compartive calculation.


I'm not sure exactly what you mean here.


- quote -

> If you are not her personal representative you'll have to coordinate things
> with that person, who has the authority to decide how her final return is
> filed.


If no personal representative is appointed by the due date of the
return, then the surviving spouse can file the joint return alone
(although a personal representative can later revoke that choice for up
to one year).

- quote -

> If you have dependent children you may be eligible for surviving spouse
> filing status in 2009-10. See IRS Publication 501.


What you are referring to is known to the IRS as "Qualifying Widow(er)"
filing status.

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 11-25-2008, 12:03 AM
Mark Bole
Guest
 
Posts: n/a
Default Re: Filing Joint vs separately?

Phil Marti wrote:
- quote -

> "Angelo Campanella" wrote:

> > The choice between taking a standard deduction or calculating our
> > A/B deductables was a toss-up last year, with the AMT we are both due
> > making a difference in the compartive calculation.


I'm not sure exactly what you mean here.


- quote -

> If you are not her personal representative you'll have to coordinate things
> with that person, who has the authority to decide how her final return is
> filed.


If no personal representative is appointed by the due date of the
return, then the surviving spouse can file the joint return alone
(although a personal representative can later revoke that choice for up
to one year).

- quote -

> If you have dependent children you may be eligible for surviving spouse
> filing status in 2009-10. See IRS Publication 501.


What you are referring to is known to the IRS as "Qualifying Widow(er)"
filing status.

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 11-24-2008, 11:38 PM
Phil Marti
Guest
 
Posts: n/a
Default Re: Filing Joint vs separately?

"Angelo Campanella" wrote:

in message
news:37GWk.153734$Mh5.147041[at]bgtnsc04-news.ops.worldnet.att.net...
- quote -

> I know that this is an old saw, but my wife died this past May, and I soon
> will need to file our taxes for TY2008 (we have been filing separately
> through '07). Her income for this 2008 year will be somewhat less than
> mine, while my income will stay about the same as '07. We do not have much
> to file as personal expenses. Her medical expenses were not great this
> year. The choice between taking a standard deduction or calculating our
> A/B deductables was a toss-up last year, with the AMT we are both due
> making a difference in the compartive calculation. I will be using
> Turbo-tax.
> You might advise he level of Turbo Tax I shoulod buy this year. (I am
> self-employed and I'm sill active at it).


My condolences on your loss.

The death of your wife doesn't change your software needs.

If you are not her personal representative you'll have to coordinate things
with that person, who has the authority to decide how her final return is
filed. Because she had less than half a year's income it may result in less
total tax if you file a joint return with her, which is allowed as long as
her personal rep approves and you have not remarried by December 31.

If you have dependent children you may be eligible for surviving spouse
filing status in 2009-10. See IRS Publication 501.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 11-24-2008, 10:26 PM
Angelo Campanella
Guest
 
Posts: n/a
Default Filing Joint vs separately?

I know that this is an old saw, but my wife died this past May, and I
soon will need to file our taxes for TY2008 (we have been filing
separately through '07). Her income for this 2008 year will be somewhat
less than mine, while my income will stay about the same as '07. We do
not have much to file as personal expenses. Her medical expenses were
not great this year. The choice between taking a standard deduction or
calculating our A/B deductables was a toss-up last year, with the AMT we
are both due making a difference in the compartive calculation. I will
be using Turbo-tax.

You might advise he level of Turbo Tax I shoulod buy this year. (I am
self-employed and I'm sill active at it).

Angelo Campanella

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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