Re: Joint vs HOH filing -- divorce pending

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You can't both claim the children. To claim HOH the IRS
states you have to have been responsible for more than half
the cost of keeping up a home and they go on to define that
as follows:

Keeping up a home. You are keeping up a home only if you
pay more than half the cost of its upkeep for the year. This
includes rent, mortgage interest, real estate taxes,
insurance on the home, repairs, utilities, and food eaten in
the home. This does not include the cost of clothing,
education, medical treatment, vacations, life insurance, or
transportation for any member of the household.

Given the information you provided below she did not do
that. To keep things civil, you should probably try to
discuss this with her and work it out. Other than that, I
would talk to a tax professional.

On 3/15/11, TJ Smith wrote:
> Soon to be ex-wife and I are currently residing in the same
> home. Yea I know :o
>
> We do not have a separation maintenance agreement or
divorce
> decree and as such I requested we file joint. She has
opted
> to file HOH this year - 3 dependent children.
>
> I pay all the household bills and mortgage. She buys a
> majority of the food and clothing but I've contributed as
well.
>
> I want to minimize an audit and as such was going to file
> single but claiming the tax credit for dependent kids. OR
> should I file HOH ... and, if audited, who would win? (if
> there is such a thing with the IRS)