What would you recommend? Taxpayer calls because he doesn't know how to file this year. Husband and wife split 8/1/09 so have not lived apart for the last 6 months of the year. Wife started divorce proceedings in 09, but husband has not yet been served. Taxpayer lives in a community property state and wife is unwilling to give taxpayer any information so that they can file MFJ in 09.
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Well they would only qualify for MFJ or MFS and it sounds like MFJ isn't working out, so...
Of course you could just do an extension, have the taxpayer pay whatever would be owed on a MFS return, and get 6 more months for her to try to convince the ex to go MFJ. May end up being MFS in the end either way, but you buy time.
Oh, but as far as the community property thing, you could send a copy of all her income information to the ex so he has the information to report half her income.Last edited by David1980; 04-01-2010, 10:10 AM. -
Filing Status
I do not have wife's info and even if I did would not be able to provide to husband. The other problem is that even if he filed MFS, he would still need her tax information being they live in a community property state. On top of that, taxpayer filed bankruptcy in 2006 and so he is required to file his tax returns on time so no extensions either. Any recommendations would be appreicated.Comment
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Filing Status
As this is the TTB site, check out Page 14-6 in the Deluxe edition.
"Community income treated as seperate income. A spouse who treats an item of income as his or her seperate income and does not notify the other spouse of its nature and amount before the return due date (including extensions) is responsible for reporting all income on the item."Comment
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