amending taxes

Apr 4, 2011
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We have a complicated situation. I'm Canadian and not full understanding the USA tax system.

My husband was legally separated at the time, but filed his taxes for 2006 with his now ex wife. Filed as married together instead of married separate. His ex claimed her mortgage interest on the taxes. Husband never lived in the house, had his own primary residence.

2010 we bought a house, received 8k back in taxes. IRS says we need to repay it because husband claimed mortgage interest in joint filing with ex wife.

He's trying to amend his taxes using form 1040X, but the only thing he can't change is filing from married to single.

We are calling the IRS tomorrow, but we'd like to go in with as much information as possible.

Are we out of luck? Any suggestions? Thank you.

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