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What is their filing Status MFS or Single

  • 1.  What is their filing Status MFS or Single

    Platinum Most Valuable Member
    Posted 12-13-2018 08:56
    A new client came on board.,   He needs several years of returns to be prepared.   He has not been living with his wife for 5 years.   He has a separation agreement prepared by an attorney , but it has never been through the courts. Both his spouse and he are abiding by the agreement.      Per the agreemtn, the spouse is entitled to claim the children , so he has no dependents.   Can he file   Single or is he  MFS ?

    As i read , i see terms such as " interlocutory" .  I am just not sure how to interpret this as it relates to my tax payer.


    any help or comments appreciated.

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    Abby Alhante
    KURCIAS & ALHANTE, CPAs LLC
    Melville NY
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  • 2.  RE: What is their filing Status MFS or Single

    Posted 12-14-2018 09:38
    Since nothing has gone through the courts, for those 5 years they were still legally married by law.  So sure they can file separately, nut they MUST file as married.  MFS in his case.

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    DANIEL HARRIGAN
    RONALD A MERMER CPA PC
    FISHKILL NY
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