Can I file married and separate & my husband file head of household if we are not legally divorced.?

"My husband and I were separated from Feb 0f 2008 thru March of this year, & I lived with my elderly mother. I maintained my mailing address at our marital residence but did not live there. We also maintained & still maintain a joint checking account but my earnings were not deposited into that account as I... show more "My husband and I were separated from Feb 0f 2008 thru March of this year, & I lived with my elderly mother. I maintained my mailing address at our marital residence but did not live there. We also maintained & still maintain a joint checking account but my earnings were not deposited into that account as I also had a separate, individual checking account solely in my name, I did not regularly pay household bills out of my separate account. I would make cash deposits into our joint checking account to strictly pay my auto note & insurance.



Based on the fact that we lived apart for the majority of 2008, and with the help of tax prep software, my husband filed head of household, claiming our one minor child who lived there with him the entire year, & I filed married filing separate with no dependents, not claiming my elderly mother as I did not contribute to her household income or pay for her care, nor did I pay "rent" to her.



My husband & I recently reconciled, in March of this year, but when we filed our taxes this April, he believed it would be accurate if we filed the way we have, me as married/separate & him as head of household. He is getting back a little under $400 & I had to pay $70. We have been married 17 years & have always filed joint but because of our separation, we filed this way but now I have doubts & am curious if we should amend our filings? Or should we just wait to see what IRS wants us to do?



THANK YOU VERY MUCH for any help or suggestions."
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