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Tax Research 1

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Tax Research Memo #1
Martin Coldiron
ACCT390-VIFF-F14
Annette Hoeltzer
August 28, 2014

Tax Research Memo #1
Memo
DATE: August 28, 2014
TO: Mr. Brent Ouray
FROM: Martin Coldiron
RE: Advising on filing status
Facts: Brent and Kathy Ouray have been married since 1996. Starting in 2010 until current they both have been experiencing marital issues. They are presently not legally separated, but consider themselves to be estranged. Do you to be financial difficulties of Brent and Kathy they have not been able to go through with a divorce. They have three sons together that they both want to remain in their sons lives. So based on the financial concerns of both Kathy M Brent they are unable at this time to financially support to separate homes for them and the children, so they currently all still live in a single-family home in Chicago, Illinois.
Brent and Kathy are both financially supporting their three sons and maintaining the upkeep of the house that they are all currently reside. While comparing Brent and Kathy’s annual income, Brent substantially earns more annually than Kathy. They both agree that even though they both support the children and maintain the home that Brent contributes more.
In the current tax season Brent has stated that he would like to file a separate Federal Income Tax from Kathy and he would like to claim head of household as his status on the current year’s return. Brent feels that, if he and Kathy keep separate households while under the same rough that he would be eligible to claim head of household status.
Question Presented: would Brent still be permitted to file head of household status on his Federal Income Tax return for the current year even though Kathy and Brent still reside in the single-family home with their three children, even though they are maintaining separate households within the same house?
Short Answer: Mr. Ouray would not be able to claim head of household for the current year on his Federal Income Tax return. A married couple cannot live underneath the same roof and claim head of household, even though they claim to be maintaining two separate households with in a single residence. The maintaining of separate households must be at separate residence.
Analysis: Regulation (Reg) sec 1,2-2(b)(1) states that for a taxpayer to qualify as head of household, they must satisfy the following requirements:
(1) A taxpayer shall be considered the head of a household if, and only if, he is not married at the close of his taxable year.
(2) The taxpayer cannot be a surviving spouse as defined in reg sec 1,2-2 (a) (1).
(3) The taxpayer must maintain as his home a household which constitutes for such taxable year the principle place of abode, as a member of such household, of at least one of the individuals described in reg sec 1.2-2 (b) (3).
Mr. Ouray is not a surviving spouse and satisfies rule (2) and he also provides and maintains a home for a qualifying child, as in rule (3) listed above.
Brent does not satisfy rule (1) above, he was not divorced or legally separated by the end of the current tax year.
For an individual to maintain a household they must pay more than one half the cost thereof for a taxable year reg sec 1.2-2 (d). Based on this regulation Brent and Kathy would both be unable to maintain a household while living at the same residence, because both of the parties cannot support more than one half of the household expenses.
FTC 2d sec A-1616 also states that spouses can occupy separate parts of the same residence under unmarried status rules. A married individual who is it legally separated is treated as unmarried if he files a separate return and his spouse isn’t a member of the household during the last six months of the year. A married individual isn’t treated as unmarried individual spouse occupies the same residence, even if they maintain separate bedrooms and bathrooms, or if the spouse moves into the basement while taxpayer and his children reside in the upper levels.FTC 2d sec A-1616
Given the information listed above Mr. Ouray would not be able to reside in the same house as his estranged wife Kathy and also claim head of household. If both parties remain in the same household they would only be able to file, married filing separately and Brent would be able to claim his three sons as exemptions due to the fact he provides more than half of their support. If Mr. Ouray wants to claim head of household he would need to be legally separated from his estranged wife Kathy and for her not to live in the same household for the last six months of the tax year. Otherwise, Mr. Ouray could be divorced from his estranged wife and would also need to have custodial rights to one or more of his sons to be able to claim head of household.
In a similar court case, Ricky R Williams v. Commissioner TC Summary Opinion 2001 – 12. Mr. Williams and his estranged wife had been going through marital problems along with financial difficulties that had led them to move in and out of each other’s house. It wasn’t until they had been living a part for over six months that they were considered to be married but look that as unmarried for the head of household filing status role.
Ricky R Williams v. Commissioner TC Summary Opinion 2001 – 12

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