interesting court case. The Tax Court held that a taxpayer, whose correct filing status was MFS, was entitled to the EIC because he had qualifying children. (Tsehay, TC Memo 2016-200) in an AOD the iRS announced the nonacquiescence with this decision. The IRS explained that the TaaCourt overlooked IRC SEC 32(d) which disallows the EIC to married taxpayers filing separately. Accordingly, the IRS will not follow the Tax Court's opinion (AOD 2017-05)
Frankly, it is doubtful any other court will accept the holding if the IRS raises the obvious objection.
if you indicated MFS in your return Turbotax should not have given you the EIC. So for you to get it either you overrode something or there was a bug in the Turbotax programming. if you overrode something in your return, then Turbotax is not at fault. However, if it was a programming error on Turbotax, then you can file a claim for the penalties and interest the IRS will charge you.
