USA MFS to Single


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I have a client who filed a joint return for 2018 with someone he has never been married to. He claims that there was no marriage and the return was filed in error. He wants amend to it.
The IRS rule would ordinarily not allow an amendment from MFJ to MFS (whether Single or MFS) once the April 15 deadline has passed. However, I believe that we can say, in this case, that there was no marriage and two SINGLE returns should have been filed in the first place. Any thoughts?
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kirby

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Have your client file an amended return to correct the marital status. Hope that IRS does not go after your client for filing a fraudulent return.
 

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