No. A taxpayer is only able to file MFJ if the taxpayer is married on the last day of the year. Since the taxpayer was divorced prior to the end of the year, the taxpayer is ineligible to file MFJ. The Courts have repeatedly stated that divorce courts cannot override the tax laws.
Taxpayer and spouse obtained a divorce. The divorce decree states they have to file Married Filing Jointly (MFJ) for the year of the divorce. Can they do this?
Modified on: Sun, 5 Feb, 2017 at 8:09 PM
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