1099-G from Joint Return Received after Divorce

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Subject Author Date 1099-G from Joint Return Received after Divorce Rick Hess 01-16-2009  Re: 1099-G from Joint Return Received after Divorc... Arthur Kamlet 01-16-2009  Re: 1099-G from Joint Return Received after Divorc... Harlan Lunsford 01-16-2009  Re: 1099-G from Joint Return Received after Divorc... Rick Hess 01-19-2009  Re: 1099-G from Joint Return Received after Divorc... Gene E. Utterback, EA, RF... 01-19-2009  Re: 1099-G from Joint Return Received after Divorc... Mark Bole 01-25-2009  Re: 1099-G from Joint Return Received after Divorc... D. Stussy 01-25-2009  Re: 1099-G from Joint Return Received after Divorc... Rick Hess 01-26-2009  Re: 1099-G from Joint Return Received after Divorc... Harlan Lunsford 01-26-2009  Re: 1099-G from Joint Return Received after Divorc... D. Stussy 01-27-2009  Re: 1099-G from Joint Return Received after Divorc... Harlan Lunsford 01-27-2009  Re: 1099-G from Joint Return Received after Divorc... D. Stussy 01-28-2009  Re: 1099-G from Joint Return Received after Divorc... Harlan Lunsford 01-28-2009  Re: 1099-G from Joint Return Received after Divorc... D. Stussy 01-29-2009  Re: 1099-G from Joint Return Received after Divorc... Harlan Lunsford 01-29-2009  Re: 1099-G from Joint Return Received after Divorc... Rick Hess 01-28-2009
Posted by Rick Hess on January 16, 2009, 7:50 pm Please log in for more thread options I filed my state (LA) tax return for TY 2006 in December 2007. In 2006 I was married and filed a joint return. I divorced in March 2007. The state paid the refund in 2008, and that went into a joint account (see my other post). Now, I received a 1099-G for TY 2008 that was paid in response to the 2006 return. About half of the amount on the 1099-G represents withholdings from my ex-wife's job; the rest is a refundable credit attributable to my occupation. The amount is significant. The amount is also easy to figure out since our joint taxable income that year was zero. I feel that each of us should report our respective amounts on our individual returns. Who reports what? And how do I document this on my tax return so I don't flag an audit? The 1099-G has both our names and SSNs on it. The LA Dept. of Revenue says they mailed each of us the same 1099-G. -- Rick Hess New Orleans To email, eliminate All_Spammers -- << ------------------------------------------------------- >> << The foregoing was not intended or written to be used, >> << nor can it used, for the purpose of avoiding penalties >> << that may be imposed upon the taxpayer. >> << >> << The Charter and the Guidelines for submitting posts >> << to this newsgroup as well as our anti-spamming policy >> << are at www.asktax.org. >> << Copyright (2007) - All rights reserved. >> << ------------------------------------------------------- >> Posted by Arthur Kamlet on January 16, 2009, 8:16 pm Please log in for more thread options >I filed my state (LA) tax return for TY 2006 in December 2007. In 2006 I >was married and filed a joint return. I divorced in March 2007. The state >paid the refund in 2008, and that went into a joint account (see my other >post). Now, I received a 1099-G for TY 2008 that was paid in response to >the 2006 return. About half of the amount on the 1099-G represents >withholdings from my ex-wife's job; the rest is a refundable credit >attributable to my occupation. The amount is significant. The amount is >also easy to figure out since our joint taxable income that year was zero. >I feel that each of us should report our respective amounts on our >individual returns. Who reports what? And how do I document this on my tax >return so I don't flag an audit? The 1099-G has both our names and SSNs on >it. The LA Dept. of Revenue says they mailed each of us the same 1099-G. The rule is that you have taxable income from this refund only to the extent that you had a tax benefit from it. If you are convinced you received only half the benefit and she received the other half, you can claim half and convince her to claim the other half. If you cannot convince her to claim the other half, you will have a fight on your hands. The IRS wants its share of that income and if you can't agree, there's no reason why the IRS would not to try to get it all from you. -- ArtKamlet at a o l dot c o m Columbus OH K2PZH -- << ------------------------------------------------------- >> << The foregoing was not intended or written to be used, >> << nor can it used, for the purpose of avoiding penalties >> << that may be imposed upon the taxpayer. >> << >> << The Charter and the Guidelines for submitting posts >> << to this newsgroup as well as our anti-spamming policy >> << are at www.asktax.org. >> << Copyright (2007) - All rights reserved. >> << ------------------------------------------------------- >> Posted by Harlan Lunsford on January 16, 2009, 10:57 pm Please log in for more thread options Arthur Kamlet wrote: >> I filed my state (LA) tax return for TY 2006 in December 2007. In 2006 I >> was married and filed a joint return. I divorced in March 2007. The state >> paid the refund in 2008, and that went into a joint account (see my other >> post). Now, I received a 1099-G for TY 2008 that was paid in response to >> the 2006 return. About half of the amount on the 1099-G represents >> withholdings from my ex-wife's job; the rest is a refundable credit >> attributable to my occupation. The amount is significant. The amount is >> also easy to figure out since our joint taxable income that year was zero. >> I feel that each of us should report our respective amounts on our >> individual returns. Who reports what? And how do I document this on my tax >> return so I don't flag an audit? The 1099-G has both our names and SSNs on >> it. The LA Dept. of Revenue says they mailed each of us the same 1099-G. > > > The rule is that you have taxable income from this refund only > to the extent that you had a tax benefit from it. > > > If you are convinced you received only half the benefit and she > received the other half, you can claim half and convince her to > claim the other half. If you cannot convince her to claim the other half, > you will have a fight on your hands. The IRS wants its share of that > income and if you can't agree, there's no reason why the IRS would > not to try to get it all from you. Except, Art, I think Loosana is one of those communistic states. Might that make a difference? ChEAr$, Harlan -- << ------------------------------------------------------- >> << The foregoing was not intended or written to be used, >> << nor can it used, for the purpose of avoiding penalties >> << that may be imposed upon the taxpayer. >> << >> << The Charter and the Guidelines for submitting posts >> << to this newsgroup as well as our anti-spamming policy >> << are at www.asktax.org. >> << Copyright (2007) - All rights reserved. >> << ------------------------------------------------------- >> Posted by Rick Hess on January 19, 2009, 5:21 pm Please log in for more thread options > >I filed my state (LA) tax return for TY 2006 in December 2007. In 2006 I > >was married and filed a joint return. I divorced in March 2007. The state > >paid the refund in 2008, and that went into a joint account (see my other > >post). Now, I received a 1099-G for TY 2008 that was paid in response to > >the 2006 return. About half of the amount on the 1099-G represents > >withholdings from my ex-wife's job; the rest is a refundable credit > >attributable to my occupation. The amount is significant. The amount is > >also easy to figure out since our joint taxable income that year was zero. > >I feel that each of us should report our respective amounts on our > >individual returns. Who reports what? And how do I document this on my tax > >return so I don't flag an audit? The 1099-G has both our names and SSNs on > >it. The LA Dept. of Revenue says they mailed each of us the same 1099-G. > > > The rule is that you have taxable income from this refund only > to the extent that you had a tax benefit from it. > > > If you are convinced you received only half the benefit and she > received the other half, you can claim half and convince her to > claim the other half. If you cannot convince her to claim the other half, > you will have a fight on your hands. The IRS wants its share of that > income and if you can't agree, there's no reason why the IRS would > not to try to get it all from you. Since the 1099-G has both our names and SSNs on it, why would the IRS try to get it from only me instead of from both of us? Here's a little more info that may or may not make any difference in your answer: We had a prenup that declaired us separate in property. I'm a Real Estate Professional who had enough investment property losses and depreciation (properties in my name only) that our taxable income was zero. Had it not been for those losses, my ex definately wouldn't have received 100% of her W-2 withholdings. -- Rick Hess New Orleans To email, eliminate All_Spammers -- << ------------------------------------------------------- >> << The foregoing was not intended or written to be used, >> << nor can it used, for the purpose of avoiding penalties >> << that may be imposed upon the taxpayer. >> << >> << The Charter and the Guidelines for submitting posts >> << to this newsgroup as well as our anti-spamming policy >> << are at www.asktax.org. >> << Copyright (2007) - All rights reserved. >> << ------------------------------------------------------- >> Posted by Gene E. Utterback, EA, RFC, AB on January 19, 2009, 2:21 pm Please log in for more thread options >I filed my state (LA) tax return for TY 2006 in December 2007. In 2006 I > was married and filed a joint return. I divorced in March 2007. The > state > paid the refund in 2008, and that went into a joint account (see my other > post). Now, I received a 1099-G for TY 2008 that was paid in response to > the 2006 return. About half of the amount on the 1099-G represents > withholdings from my ex-wife's job; the rest is a refundable credit > attributable to my occupation. The amount is significant. The amount is > also easy to figure out since our joint taxable income that year was zero. > I feel that each of us should report our respective amounts on our > individual returns. Who reports what? And how do I document this on my > tax > return so I don't flag an audit? The 1099-G has both our names and SSNs > on > it. The LA Dept. of Revenue says they mailed each of us the same 1099-G. > > -- > > > Rick Hess > New Orleans > To email, eliminate All_Spammers On your return you should pick up the entire refund as income on Form 1040, Line 10. Then on Line 21 back out the portion that belongs to your ex and include a brief description, her name and SSN should be sufficient. This way you've picked up ALL that was reported to you so you avoid the "not reporting" issue AND you back off the part that belongs to her and identify her so they can trace it to her return - the rest is on her. Good luck, Gene E. Utterback, EA, RFC, ABA P.S. - While I believe this info is good, it is worth every penny you paid for it! -- << ------------------------------------------------------- >> << The foregoing was not intended or written to be used, >> << nor can it used, for the purpose of avoiding penalties >> << that may be imposed upon the taxpayer. >> << >> << The Charter and the Guidelines for submitting posts >> << to this newsgroup as well as our anti-spamming policy >> << are at www.asktax.org. >> << Copyright (2007) - All rights reserved. >> << ------------------------------------------------------- >> Similar Threads Posted 1099-INT for Joint Account after Divorce January 16, 2009, 7:50 pm Child Exemption with Joint custody after divorce April 11, 2006, 3:31 am Self Employment tax calculation on joint return March 25, 2007, 12:26 pm Would income tax return filing fees be considered a tax liability on a divorce agreement March 28, 2009, 4:02 pm NYS 1099G February 17, 2007, 5:36 am How do I cancel out a 1099G February 14, 2008, 5:08 pm 1099G - California February 7, 2009, 4:50 pm 1099G and State Tax Refund February 20, 2010, 4:54 pm 1099G does not agree with actual refund (not interest...) 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