HOW SHOULD I FILE MY 2010 INCOME TAX

[pushbrk 12,115]

You are wrong about filing status but you are correct in that you can do whatever the hell you want just don't say that it is correct or legal.

Filing an amended return with a different filing status from the original is "legal", making the act of filing with the first status, "amendable". Ask the big boss at the Treasury Dept.

[CarlosAndSveta 808]

Filing an amended return with a different filing status from the original is "legal", making the act of filing with the first status, "amendable". Ask the big boss at the Treasury Dept.

Intentionally filing a return with the wrong filing status is not legal. I've have made another complaint to the moderators about your postings regarding filing status. I can play this game of cat and mouse with you as long as you want. Any time you post a remark on this website insinuating that it is ok to file as single when you are married I will post a remark this it is not correct.

[pushbrk 12,115]

Intentionally filing a return with the wrong filing status is not legal. I've have made another complaint to the moderators about your postings regarding filing status. I can play this game of cat and mouse with you as long as you want. Any time you post a remark on this website insinuating that it is ok to file as single when you are married I will post a remark this it is not correct.

It's JUST a guess but I'm guessing the moderators are aware that the tax code is open to interpretation. Correct or not, no consequence is good enough for me.

[amykathleen2005 441]

It's JUST a guess but I'm guessing the moderators are aware that the tax code is open to interpretation. Correct or not, no consequence is good enough for me.

Tell that to the IRS next time you are audited.....

[CarlosAndSveta 808]

It's JUST a guess but I'm guessing the moderators are aware that the tax code is open to interpretation. Correct or not, no consequence is good enough for me.

When you sign your return you do so under the following jurat:

"Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete."

When you filed your return as single even though you were married you committed perjury. If I as an Internal Revenue Agent got a hold of your return I would assert the following penalties against you:

IRC Section 7206 - Fraud and False Statements

IRC Section 7207 - Fraudulent Returns, Statements, or Documents

[pushbrk 12,115]

When you sign your return you do so under the following jurat:

"Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete."

When you filed your return as single even though you were married you committed perjury. If I as an Internal Revenue Agent got a hold of your return I would assert the following penalties against you:

IRC Section 7206 - Fraud and False Statements

IRC Section 7207 - Fraudulent Returns, Statements, or Documents

Horse feathers. The IRS agent that processed my amended return could see everything you know and more and there was no consequence. Get real. Such prosecution doesn't take place until well after the opportunity to amend the return has expired. You know that or if you don't, you should.

People have heard enough from both of us to know where we stand on the issue. Bye

[CarlosAndSveta 808]

Horse feathers. The IRS agent that processed my amended return could see everything you know and more and there was no consequence. Get real. Such prosecution doesn't take place until well after the opportunity to amend the return has expired. You know that or if you don't, you should.

People have heard enough from both of us to know where we stand on the issue. Bye

Your amended return was audited? I doubt it. Most returns are initially pulled for examination based on computer analysis. If you return doesn't get a high enough score then no human is going to look at it any more. Unless you were audited you have no idea if an IRS Agent looked at your return. The people that initially process paper returns at the Service Centers are not IRS Agents.

[CarlosAndSveta 808]

Horse feathers. The IRS agent that processed my amended return could see everything you know and more and there was no consequence. Get real. Such prosecution doesn't take place until well after the opportunity to amend the return has expired. You know that or if you don't, you should.

People have heard enough from both of us to know where we stand on the issue. Bye

Just to show that you don't know what the hell you are talking about, a return can be amended at anytime before the statute of limitations expires. Generally, the statute of limitations is three years from the due date of the return or the date the return was filed which ever is later. The IRS is also held to that Statute of limitations date. We can't make additional assessment of tax or penalties once the statute of limitations has expired. So your statement that " Such prosecution doesn't take place until well after the opportunity to amend has expired" is pure poppycock.

[pushbrk 12,115]

Just to show that you don't know what the hell you are talking about, a return can be amended at anytime before the statute of limitations expires. Generally, the statute of limitations is three years from the due date of the return or the date the return was filed which ever is later. The IRS is also held to that Statute of limitations date. We can't make additional assessment of tax or penalties once the statute of limitations has expired. So your statement that " Such prosecution doesn't take place until well after the opportunity to amend has expired" is pure poppycock.

You asserted prosecution as in, "shall be guilty of a felony and, upon conviction thereof,..." Go ahead and tell me that when I filed my wife's W7 concurrent with our amended return with the only amendment being filing status that an IRS agent didn't look at the package. You see, I have the letter to prove it. Been dealing with the IRS for more than 40 years and I have more than a few friends who are current or former IRS agents. This ain't my first rodeo, buddy.

[CarlosAndSveta 808]

You asserted prosecution as in, "shall be guilty of a felony and, upon conviction thereof,..." Go ahead and tell me that when I filed my wife's W7 concurrent with our amended return with the only amendment being filing status that an IRS agent didn't look at the package. You see, I have the letter to prove it. Been dealing with the IRS for more than 40 years and I have more than a few friends who are current or former IRS agents. This ain't my first rodeo, buddy.

Go ahead and laugh. I am just telling you what I would do if I was assigned your return. And you should know that long before it would get to the "prosecution stage" the assertion of the penalty would be brought up during the examination of your tax return. By examination I don't mean talking to people at the service center.

[pushbrk 12,115]

Go ahead and laugh. I am just telling you what I would do if I was assigned your return. And you should know that long before it would get to the "prosecution stage" the assertion of the penalty would be brought up during the examination of your tax return. By examination I don't mean talking to people at the service center.

Jibberish. Assertion of what penalty. I didn't owe any tax and filed the amended return within a few months. Carry the charade through, if you insist. I filed the return electronically in February, 2006 and the amended return with W7 form in September of the same year. Just exactly at what point would YOU or any other agent have seen a problem and just exactly WHAT would you have done about it? I don't pretend to know the answer to the first part of the question, only that the answer to the last part would have NOTHING to do with the initial filing status. You know that, and I know that, so cut the #######. I didn't underpay my taxes and your boss would kick your butt for wasting your time on this issue. Again, you know that, I know it and so does anybody with a lick of common sense.

[CarlosAndSveta 808]

Jibberish. Assertion of what penalty. I didn't owe any tax and filed the amended return within a few months. Carry the charade through, if you insist. I filed the return electronically in February, 2006 and the amended return with W7 form in September of the same year. Just exactly at what point would YOU or any other agent have seen a problem and just exactly WHAT would you have done about it? I don't pretend to know the answer to the first part of the question, only that the answer to the last part would have NOTHING to do with the initial filing status. You know that, and I know that, so cut the #######. I didn't underpay my taxes and your boss would kick your butt for wasting your time on this issue. Again, you know that, I know it and so does anybody with a lick of common sense.

You lied and perjured yourself when you filed the original return claiming you were single. The fact that you later filed an amended return doesn't change that fact. I would assert a penalty under IRC Section 7206(1). If you read that section it doesn't say that here has to be a deficiency in order to be liable for the penalty. The only requirement is that you knowingly filed a false return. I would also use the fact that you are encouraging other people to commit perjury as a reason why the penalty should be asserted against you. You just better hope I don't get assigned your return for examination.

[Val and Gary 29]

You lied and perjured yourself when you filed the original return claiming you were single. The fact that you later filed an amended return doesn't change that fact. I would assert a penalty under IRC Section 7206(1). If you read that section it doesn't say that here has to be a deficiency in order to be liable for the penalty. The only requirement is that you knowingly filed a false return. I would also use the fact that you are encouraging other people to commit perjury as a reason why the penalty should be asserted against you. You just better hope I don't get assigned your return for examination.

I have been following this debate. I am curious as to whether pushbrk would lie, or advise other people to lie to a Customs Officer. A misrep charge would be in order and a possible life time ban from the USA as a consequence. It is no difference on a tax return, a lie is a lie.

We all know people DO lie to CO's, and that is their decision. If they get caught , then they are the ones responsible. It is very wrong and irresponsible to advise someone to lie and commit perjury on a tax return, as people with little knowledge of these affairs could end up in a whole heap of trouble.

Type the question into google "Can I file as a single person if I am a married on a USA tax return" and see what it comes up with....

THE VERY first response is:

Requirements

Whether you are married or unmarried on the last day of the tax year determines your marital status for your tax return. Married taxpayers must file either married filing jointly or married filing separate. Unmarried taxpayers have the choice between filing single, head of household or qualifying widow (or widower). The single filing status most often applies to unmarried, separated or divorced individuals.

Edited February 10, 2011 by Val and Gary

[pushbrk 12,115]

You lied and perjured yourself when you filed the original return claiming you were single. The fact that you later filed an amended return doesn't change that fact. I would assert a penalty under IRC Section 7206(1). If you read that section it doesn't say that here has to be a deficiency in order to be liable for the penalty. The only requirement is that you knowingly filed a false return. I would also use the fact that you are encouraging other people to commit perjury as a reason why the penalty should be asserted against you. You just better hope I don't get assigned your return for examination.

More jibberish. The question was, "Just exactly at what point would YOU or any other agent have seen a problem and just exactly WHAT would you have done about it?"

What do you mean, "assert the penalty"? What is the practical result of you "asserting the penalty"? What is the "consequence" to ME for having filed as single (temporarily overpaying my taxes) and amended my return later as I did? Come on, answer the question.

[pushbrk 12,115]

I have been following this debate. I am curious as to whether pushbrk would lie, or advise other people to lie to a Customs Officer. A misrep charge would be in order and a possible life time ban from the USA as a consequence.

Of course I wouldn't advise anybody to lie to an immigration official. There are consequences. Filing as single, resulting in an overpayment of taxes, followed by filing an amended return has NO CONSEQUENCES regardless of the label you put on it.