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deduction child form filing dependents

Sent to Tax Experts September 18 05:30 PM

if client's husband was incarcerated during 2004, and the wife works full-time and has dependents, can she declare "married filing jointly" ? also, with respect to Form 2441, "child and dependent care expenses", normally, if one spouse DOES NOT WORK, you don't qualify for the deduction. But, in the case of a husband in prison, and the wife is paying for "child and dependent care expenses", the husband is NOT available to take care of the kids so is the exceptions to the rule of one spouse not working disqualifying the deduction ?

Customer (name blocked for privacy)
Answer
September 18 11:01 PM (5 hours and 31 minutes and 7 seconds later)
         
REPLIEDCheck Mark

The best bet is to file as Married, Filing Separately. This is applicable in the situation because the partners lived apart for the entire year of 2004.

The wife will be able to claim the deductions for dependent care expenses for 2004.

I hope this helps to answer your question.

-Angela




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Answer
September 19 8:30 AM (9 hours and 28 minutes and 32 seconds later)
         
ACCEPTEDCheck Mark

The wife can use MFJ if the husband is willing to also sign the tax return and she is willing to accept any tax and reporting liability for the husband.

The wife MAY qualify to use Head of Household filing status if she did not live with her husband at any time during the last 6 months of the tax year AND she paid more than 50% of the cost to support the household in which she and her dependent child lived for more than 6 months of the tax year. The child need not be a dependent on her own return if she is allowing the father to claim the child by use of Form 8332.

The wife may also elect to use MFS filing status. She will lose the ability to claim her dependent care credit, earned income credit, but will still retain child tax credit.




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Reply
September 19 12:17 PM (3 hours and 46 minutes and 59 seconds later)
         
Reply to Angela's Post: That option is one that has been considered. However, 'tis NOT tax-advantageous to do so and does NOT answer my question frankly. Thanks for your effort though.
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