MFJ to HOH to MFJ

[Avs19]

Hi,

Here's what happened,

The primary taxpayer earns $150000 a year. The spouse earns $18000 a year. She has 2 kids, he has 1. They filed MFJ for the last 3 years. In February of 2022, the spouse moved out of the house into an apartment with her 2 kids. She got a loan from a friend so that she could support the 3 of them. They did not get a divorce. Since they lived seperately for the last 6 months of the year and supported the children living with them, they should both qualify for HOH. The spouse will qualify for EIC. The snag is that in March of 2023 they moved back in with eachother and will possibly file MFJ in 2023. 

Is it too risky to file HOH in 2022 for the both of them?

Thanks

[IRonMaN]

It's still early in 2023.  You might be lucky and they could soon be living apart again.

[Just-Lisa-Now-]

The truth is never a risk.  If that's how it happened, that's how they should file.  

[BobKamman · Accepted solution]

This falls into the category of  "Short Little Man With a Green Eyeshade" question.  It assumes there is someone at IRS - actually, thousands of them -- scrutinizing the year-to-year filing habits of millions of Americans.  Or, that Congress gave IRS billions of dollars five years ago so by now they have installed the best of AI software to spot situations that in the end have a perfectly normal explanation.  

In the words of the great mariachi artist Jose Alfredo Jimenez, "Estas cosas en la vida que parecen increíbles se repiten diariamente."  These things in life that appear incredible are repeated daily.

[Avs19]

These are all great answers. Thanks!