In Need Of Tax Advice !!!!

[mtolson]

I know this is hardly the forum for tax advice but I you guys are generally pretty good when it comes to helpful suggestions so I thought I would give it a try. My sister is having a difficult time with her idiot husband. He has decided that he is going to file "married filling seperate" and itemize using all the house interest and tax expenses since he feels he owns the house (a house they brought in his name only AFTER they were married.... a very bad decision on my sisters part). As a result, my sister will be forced to also itemize but has crap to itemize and will most likely owe big time as a result. I informed her to talk with a lawyer or tax consultant ASAP. I know you can't have one spouse itemize and the other use a standard deduction but what happens if you do ? I assume an audit would be coming her way but how would the IRS likely respond to this problem ? She is thinking that she just uses a standard deduction because he will not share any information with her and locks up all his tax papers so she has little knowledge of what he is actually doing, only speculations.

[Logan]

Did molson spell his name wrong?

[Flasch186]

not ex husband?

[mtolson]

Did molson spell his name wrong?

Nope, its actually mtolson. I just don't post that often.

[DaddyTorgo]

I think she needs to file for divorce. This seems like a big red flag for me (at least the part about him locking up his tax papers)

[mtolson]

not ex husband?

No, its should be because he really is a piece of !%@^!^@#. She's has two kids and is trying her best to get out and is saving money to get a place of her own. He told her to either sign the joint return and he keeps all the money or he will just file seperately. The have equal incomes. The house is in his name and MD is not a community property state so he has her believing that she has no claim to the house. I have tried to tell her that it doesn't work like that for property acquired (even if we are not a community property state) after they got married but she is just really confused and frustrated.

[Mustang]

I'd assume they are both on the mortgage?

In that case, it should be 50/50 I believe. I think she could sign a statement stating that she is allowing him to claim full interest, but that might be considered part of Alimony so... (But, I'm not a tax expert. I just know Wisconsin is a 50/50 state)

hxxp://www.irs.gov/publications/p936/ar02.html


There is this statement -

More than one borrower. If you and at least one other person (other than your spouse if you file a joint return) were liable for and paid interest on a mortgage that was for your home, and the other person received a Form 1098 showing the interest that was paid during the year, attach a statement to your return explaining this. Show how much of the interest each of you paid, and give the name and address of the person who received the form. Deduct your share of the interest on Schedule A (Form 1040), line 11, and print “See attached” next to the line.

Similarly, if you are the payer of record on a mortgage on which there are other borrowers entitled to a deduction for the interest shown on the Form 1098 you received, deduct only your share of the interest on Schedule A (Form 1040), line 10. You should let each of the other borrowers know what his or her share is.

[Mustang]

The house is in his name and MD is not a community property state so he has her believing that she has no claim to the house. I have tried to tell her that it doesn't work like that for property acquired (even if we are not a community property state) after they got married but she is just really confused and frustrated.

She needs a lawyer.

[mtolson]

I think she needs to file for divorce. This seems like a big red flag for me (at least the part about him locking up his tax papers)

I agree with you 100% on this one. He is a big jerk !! I am trying to help her as much I can but short of her coming to live with me she is stuck right because of money. If I can get my wife to agree I will have her and the kids come stay with me but my wife is not too keen on the idea right now. My sister is a LPN and has very odd hours and my wife is concerned about us turning into baby sitters just when we finally are in a position to leave our kids alone (one 14 and the other 16) and go out.

[Mustang]

hxxp://www.divorcenet.com/states/maryland/mdfaq_04

Sounds like in Maryland, property would be considered marital property and it wouldn't matter when it was acquired or under what name.

[chesapeake]

I highly recommend that she contact a taxpayer advocate with the IRS: 1-877-777-4778 or online at hxxp://www.irs.gov/advocate/. This is not an uncommon problem, and she has a lot more rights than she thinks she does.

On a more personal note, she should get a divorce lawyer sooner rather than later. S/he can help her begin to document behavior like this which is pretty abusive.

[stevew]

Divorce is probably the only option here, or it will be the end result, anyways. Besides, him filing married separate is the dumbest fucking idea, cause they don't get as many child tax credits that way, as well as losing substantial deductions most likely. Definitely should be looking into an injured spouse claim, as well as closing as many of their joined credit accounts sooner than later.

Lawyer, godspeed.

[Toddzilla]

She should file her taxes in the most egregious way as to guarantee that both she and her husband would get audited, force the issue into court where she can expose her husband as a complete jackass and leave him to beg for mercy for being a douchebag in front of a judge.