My wife and I have been separated for 3+ years, living in two separate homes, and we filed for divorce last year (not yet finalized). We have two children and each of us claims one child on our separate tax returns. In addition, both of us filed with the HoH status. Unfortunately, I am now being audited by IRS regarding my HoH filing status. My attorney informed me that even though we both satisfy all the criteria of HoH, only one of us can be HoH. The other one must be married filing separately status. Is my attorney correct? Thank you very much for your time and help.
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