I spoke with someone on Monday morning who agreed there was an issue and she was pushing it to Tier 2 for Resolution.  She gave me a case number and when I called back this afternoon hoping for an update the gentlemen who I spoke with said the case number didn't help him because it wasn't his case.  I had to go through the whole thing again.

I just spent an hour on the phone with him and he insisted that the tax family was guided by how many people were included in the MAGI and it didn't have anything to do with the number of dependents or the number of individuals on the 1095-A and that there isn't a problem with the software.  2019 same exact same situation and his tax family was 3.  This year his tax family is showing up as 1 which makes him above the Federal poverty level and is costing him $13,000 in taxes.  Obviously I can't file it this way and I can't override the line.  I am not sure what I am going to do to get this correct other than filing the tax return by hand.  Very frustrating.