Discussion:MFJ vs HOH

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Discussion Forum Index --> Tax Questions --> MFJ vs HOH

Bottom Line (talk|edits) said:

10 February 2007

Please tell me I haven't completely lost it :). Husband and wife live as husband and wife in same house. Children are grown. Adult daughter still lives with them but has a full time job and they do not contribute to her support. Husband has a landscape business (sole-P). Wife does the bookkeeping and occasionally helps in business. In 12/06 husband had what can best be described as a nervous breakdown. He is now in-and-out of the hospital while they try to get his medication correct. He has been unable to cut grass since 12/06 and is not expected to be able to return to work in the forseeable future. With no income, wife is considering filing bankruptcy for them. Bankruptcy attorney told her that husband's taxes should be filed as HOH since the wife doesn't bring in any income. This is in Florida which is not a community property state. I say that they don't qualify for HOH. It's late and I'm tired. Please tell me that I'm right and that the bankruptcy attorney doesn't know what he's talking about.

Yogafan00 (talk\|edits) said:	10 February 2007
They either file MFJ or MFS.

Bottom Line (talk\|edits) said:	10 February 2007
That's what I say too. Seems so basic but you know sometimes you don't see the forest for the trees. Looks like one of those situations where the attorney is making advise outside his area of expertise.

Deback (talk\|edits) said:	February 10, 2007
Agree with Yogafan. Joint would be the best way to file, of course.

Skasselea (talk\|edits) said:	10 February 2007
No surprise since most bankruptcy attorneys don't know bankruptcy law either...especially when it comes to taxes. Of course, the vast majority of attorneys who represent clients in bankruptcy aren't bankruptcy attorneys at all.