Audited for filing head of household, while still legally married but living far apart?
Asked by: samserio
My ex-husband and I lived apart since July of 2006 and have not lived since. In October I had our son, lived alone and began work late 2007. My ex-husband lived upstate somewhere since 2006 (according to his mother), he could be on the moon far as I concern, he fell off the planet it appears- child support cannot even find him. But his mother did say he filed in another city six hours away.
Anyhow, I filed through H&R block, head of household with dependent (my son) for years 2007 and 2008.
In 2010 I received a litter from the IRS, long story short they are auditing me for filing head of household while still legally married. Even though my spouse and I lived APART since 2006.
Went to the audit, auditor stated in these exact words, “Far as I concern you and your husband still LIVE together!” and thus I was penalized- and paying to this day.
This is where it gets interesting-
When I researched I found out according to the IRS publication 501 for years 2007 and 2008, it clearly states a person is considered “unmarried” if the married couple lived apart for the last 6 months of the tax filing year, paid over half of the household bills, and home is the main residence of qualifying dependent.
My question is, why would the auditor blatantly go against their OWN tax code to have me pay?
I fall under all the qualifications to file head of household according to the IRS own code. I provided all bill receipts, house lease for 2007-2008, ALL of which was in my name, I paid 100% of all the bills.
I contacted the tax advocate, they seem to have sided with the auditor DESPITE the facts and proof provided. Unless I build a time machine and the auditor knocked on my door, I do not know what else to provide as proof. What should I do next?
(sorry for the long read)
Forgot to add, yes I paid my taxes for those years. I did not file exempt at all. Darn crooks want more money apparently, desperate to the point of cherry picking their OWN tax codes!
There is nothing else to tell- I told /everything/ and scratching my head to the point of losing hair (no seriously)!
This has nagged me virtually every day as to WHY the auditor said what she said- considering what publication 501 stated. I knew something was amiss when I tried to contact the local IRS building as to what the h*ll was going on, the auditor called my phone stating, “There is nothing they can do for you! No one there can help you, no one can help you!” She was very unprofessional, often having an attitude.
If they were to investigate every little detail, send in the FBI to investigate, everything would STILL point to me paying ALL my bills with everything in my name. I even told the so called H&R block representative the company had sit with me during the audit, if what I did wasn’t the very definition of HOH, I don’t know WHAT is?! He was just silent and worthless…
This is crazy!
At the time of the audit I did not know anything about publicati
Short explanation of 2007, my brother supported me for the first half since my ex-husband just packed his stuff and moved out. Amazingly I still had most of the receipts of the motel he paid for me until I got on my feet. That and the fact I was on food stamps (shown proof of that as well), even had my caseworker provide a written statement of my living situation early 2007.
And around the summer of 2007 when I landed a good job, (temp to hire) I moved into a house with everything in my name. I had proof of everything the auditor asked for. EVERYTHING.
Also it pays to keep old receipts.
How others found here:
- filing head of household and still married
- filing hoh while still married
- IRS tax rules for married couples living apart filing head of household