Owes Back Taxes -Remarried

Collapse
X
Collapse
 
  • Page of 1
  • Time
  • Show
Clear All
new posts
Previous template Next
  • zeros
    Senior Member
    • Dec 2006
    • 921
    #1

    Owes Back Taxes -Remarried

    New client coming in tomorrow to prepare 2010 taxes. Owes for several years so any possible refund would go to pay back taxes. He has since remarried. What would be the procedure in filing the 2010 return? Just file it (MFJ) and let them take any refunds? File MFS? Any suggestions?
    Tags: None
    • BP.
      Senior Member
      • Oct 2005
      • 1750
      #2
      Try MFJ and Form 8379 Injured Spouse Allocation- Check TTB on p. 15-11.

        Comment

        • taxea
          Senior Member
          • Nov 2005
          • 4292
          #3
          ...if the spouse has income the options, I believe, would be up to the spouse who does not owe.

          MFS from the beginning will insure that the spouse will not get caught up in the liability of the TP that owes. Filing MFJ with is not a guarantee that the IRS will accept the injured/innocent spouse form.
          Believe nothing you have not personally researched and verified.

            Comment

            • New York Enrolled Agent
              Senior Member
              • Nov 2006
              • 1531
              #4
              Originally posted by taxea
              ... Filing MFJ with is not a guarantee that the IRS will accept the injured/innocent spouse form.
              Injured spouse and innocent spouse are two completely different concepts. There is no such thing as the injured/innocent spouse form.

              BP has posted correctly - use 8379 for your situation if the couple elects to file MFJ.

                Comment

                • OtisMozzetti
                  Senior Member
                  • Dec 2007
                  • 530
                  #5
                  Originally posted by zeros
                  New client coming in tomorrow to prepare 2010 taxes. Owes for several years so any possible refund would go to pay back taxes. He has since remarried. What would be the procedure in filing the 2010 return? Just file it (MFJ) and let them take any refunds? File MFS? Any suggestions?
                  Your posting states that you are located in Minneapolis, which I guess is in Minnesota that is not a community property state. The wisest procedure for injured spouse quite possibly is different in community property states such as California.

                  EA in Calif.

                    Comment

                    • ChEAr$
                      Senior Member
                      • Dec 2005
                      • 3872
                      #6
                      My question is why would any two people who had gotten a divorce remarry?

                      DIdn't they learn their lesson the first time?
                      ChEAr$,
                      Harlan Lunsford, EA n LA

                        Comment

                        • taxea
                          Senior Member
                          • Nov 2005
                          • 4292
                          #7
                          Originally posted by New York Enrolled Agent
                          Injured spouse and innocent spouse are two completely different concepts. There is no such thing as the injured/innocent spouse form.

                          BP has posted correctly - use 8379 for your situation if the couple elects to file MFJ.
                          duh!!! My comment was to say whether either is used not that there is one form which covers both
                          Believe nothing you have not personally researched and verified.

                            Comment

                            Previous template Next

                            Disclaimer

                            Collapse

                            This message board allows participants to freely exchange ideas and opinions on areas concerning taxes. The comments posted are the opinions of participants and not that of Tax Materials, Inc. We make no claim as to the accuracy of the information and will not be held liable for any damages caused by using such information. Tax Materials, Inc. reserves the right to delete or modify inappropriate postings.

                            Working...