U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Economics > Personal Finance
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 03-14-2011, 07:29 PM
 
42 posts, read 53,660 times
Reputation: 28

Advertisements

I went to file my taxes at H&R Block and the tax preparer helping me said something that seems dubious to me. But then again, I know nothing about taxes.

Here's a bit of background on my situation. My husband, from whom I was divorced in Nov. 2010, died in Jan. 2011 (not having filed taxes before he died). In 2010, he worked until Sept. 2010, after which he was on disability.

I was going to file single (in the past I always filed married filing separately). But it left me owing a lot, due to the sale of our house early in 2010, in which we lived for less than 2 years. The tax preparer told me that I could get more money back by filing a joint married return for an injured spouse. She said I could get the deduction that he would have been entitled to.

She said I should call IRS and ask for his job transcript so that I can get his W2 for 2010. With this information, I'll be able to file jointly. Is his signature not necessary now because he is deceased? Can I get this info even though we were divorced?

Also, my ex-husband owed IRS at least 24K, that I know of (he didn't pay taxes for at least 3 or 4 years). Would the IRS take any funds that might be coming to me because of his debt?

I've never heard of any of this. I'd like to know what you tax preparers think?

Last edited by Abetterday; 03-14-2011 at 07:40 PM..
Reply With Quote Quick reply to this message

 
Old 03-14-2011, 10:18 PM
 
14,256 posts, read 23,974,521 times
Reputation: 20048
Quote:
Originally Posted by Abetterday View Post

Also, my ex-husband owed IRS at least 24K, that I know of (he didn't pay taxes for at least 3 or 4 years). Would the IRS take any funds that might be coming to me because of his debt?

I've never heard of any of this. I'd like to know what you tax preparers think?
You are talking about a very complicated situation. I would strongly recommend consulting a tax attorney, a CPA specializing in taxation or an enrolled agent. H&R Block preparers are generally not professionals.
Reply With Quote Quick reply to this message
 
Old 03-15-2011, 02:45 PM
 
67 posts, read 155,484 times
Reputation: 80
If you were not married on 12/31/2010, you cannot file a joint return. If you were just seperated, and not divorced, you could file a joint return. It would have to be signed by the executor of his estate.
Reply With Quote Quick reply to this message
 
Old 03-15-2011, 02:56 PM
 
67 posts, read 155,484 times
Reputation: 80
Also in the reportable gain of your home, consider that if you both owned the home, you only have your part of the gain to include, not the total gain.

Also, there is what is called a Reduced Maximum Exclusion...If you do not meet the 2-year ownership and use tests, you can claim a reduced exclusion on the sale of a home if the primary reason for the sale is due to: 1. A change in place of employment of a qualified individual, 2. The health of a qualified individual, or 3. Unforeseen circumstances.

You can look up pub 523, or pub 530 on the IRS Website. But I agree with the previous poster, hire a professional tax preparer, not just a data entry clerk.
Reply With Quote Quick reply to this message
 
Old 03-15-2011, 03:31 PM
 
42 posts, read 53,660 times
Reputation: 28
Thanks, jlawrence and plfriend.
Reply With Quote Quick reply to this message
 
Old 03-16-2011, 09:19 AM
 
1,897 posts, read 2,935,578 times
Reputation: 818
Quote:
Originally Posted by jlawrence01 View Post
You are talking about a very complicated situation. I would strongly recommend consulting a tax attorney, a CPA specializing in taxation or an enrolled agent. H&R Block preparers are generally not professionals.
+1, stay away from H&R block...nothing against them, but your situation should be handled in a much more delicate way...

find yourself a good local CPA, try and get a reference from someone...i found my CPA through my state farm agent.
Reply With Quote Quick reply to this message
 
Old 03-16-2011, 09:49 AM
 
Location: Talmadge, San Diego, CA
13,323 posts, read 25,278,423 times
Reputation: 8116
Quote:
Originally Posted by rugerjitsu View Post
+1, stay away from H&R block...nothing against them, but your situation should be handled in a much more delicate way...

find yourself a good local CPA, try and get a reference from someone...i found my CPA through my state farm agent.
I agree!
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Economics > Personal Finance
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top