When filing my tax returns, could I claim the expenses I have spent on my husband who is incarcerated?

In general, unless specifically allowed as a deduction, most personal expenses are not deductible for tax purposes. Expenses that are deductible, if certain requirements are met, are for education, medical care, expenses incurred to make money, and a few other types. Publication 17 has lists of what may be deductible. P17 are free at www.irs.gov .

Expenses for things such as food, clothing, personal supplies are not deductible.

A spouse is not a dependent of a taxpayer. If the two spouses file their return jointly, they get to claim two exemptions, one for each spouse.

You should review your specific facts with a tax professional to see what you can deduct and whether you should file with your spouse.

Since you are married you can file as married filing separately, or married filing jointly. Try both and see which works best. You cannot claim him as a dependent. If any of the expenses qualify as an itemized deduction, like medical expenses, for example, you can deduct them. Otherwise, most if not all of the expenses incurred are probably personal expenses and not deductible. Unless the expense is provided for in the code, it will not be deductible.

This response does not constitute legal, accounting or other professional advice. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own unique legal challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges.

Circular 230 Disclaimer - Nothing in this response is intended or written to be used, and cannot be used by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisers regarding the same.