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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..
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.
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.
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.
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.
+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!
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