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Posted by bill on April 22, 2007, 2:30 pm
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It's my understanding that using the filing status "Married
filing Separate" that both must use same filing status
either std. deduction or itemizing.
My question is if neither is in agreement, how does the IRS
determine which filing status to use?
tks all
bill w
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Posted by Don Priebe on April 23, 2007, 10:06 pm
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> It's my understanding that using the filing status "Married
> filing Separate" that both must use same filing status
> either std. deduction or itemizing.
>
> My question is if neither is in agreement, how does the IRS
> determine which filing status to use?
An individual may ALWAYS itemize deductions - the standard
deduction is an option in most cases. If one spouse itemizes
deductions, then the standard deduction option is not
available to the other spouse.
--
Don EA in Upstate NY
<< ======================================================= >>
<< 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 >>
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Posted by Mark Bole on April 23, 2007, 10:06 pm
Please log in for more thread options bill wrote:
> It's my understanding that using the filing status "Married
> filing Separate" that both must use same filing status
> either std. deduction or itemizing.
>
> My question is if neither is in agreement, how does the IRS
> determine which filing status to use?
Well you can't use MFJ status unless both sign the return,
so either spouse can force MFS by simply refusing to sign
MFJ. Again, once using MFS, either spouse can choose to
itemize, which forces the other to do so. Doesn't seem to
be any ambiguity for the IRS to resolve.
-Mark Bole
<< ======================================================= >>
<< 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 (2006) - All rights reserved. >>
<< ======================================================= >>
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Posted by L K Williams on April 23, 2007, 10:06 pm
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> It's my understanding that using the filing status "Married
> filing Separate" that both must use same filing status
> either std. deduction or itemizing.
>
> My question is if neither is in agreement, how does the IRS
> determine which filing status to use?
It's very simple! If one spouse itemized, the other MUST!
IRS will untimately contact the non-itemizing spouse,
proposing to assess additional tax and disallowing the
standard deduction on his/her return. It is then up to that
spouse to claim whatever itemized deductions are available.
Lanny K. Williams, CPA
Nawarat, Williams & Co., Ltd.
Income Tax Services for Expatriate Americans
<< ======================================================= >>
<< 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 (2006) - All rights reserved. >>
<< ======================================================= >>
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Posted by Phil Marti on April 23, 2007, 10:06 pm
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> It's my understanding that using the filing status "Married
> filing Separate" that both must use same [deduction method]
> either std. deduction or itemizing.
Correct.
> My question is if neither is in agreement, how does the IRS
> determine which [deduction method] to use?
Either spouse can demand to itemize. It's only if they both
agree to use the standard deduction that either can use it.
See IRS Publication 17.
--
Phil Marti
Clarksburg, MD
<< ======================================================= >>
<< 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 (2006) - All rights reserved. >>
<< ======================================================= >>
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