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sufferedenuf
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Reged: 09/06/07
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Community Property State - He won't give up his W2
      #286699 - 09/06/07 10:45 PM

Filed extension in April on taxes - return should result in a refund. Sloozer won't give up his W-2 and this doesn't seem to be a priority to the court. Live in a community property state where in order to file married/separately I have to report 1/2 his income. Any suggestions on what I should do?

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googledad
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Re: Community Property State - He won't give up his W2 [Re: sufferedenuf]
      #286759 - 09/07/07 06:33 AM

File Married Filing Separately .

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Avaya
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Re: Community Property State - He won't give up his W2 [Re: sufferedenuf]
      #288433 - 09/10/07 11:34 AM

I'm sure you've misunderstood something. It doesn't matter where you live, you don't claim half of his income if you file "married filing separately". You should go ahead and file using your information alone.

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sufferedenuf
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Re: Community Property State - He won't give up hi [Re: Avaya]
      #289870 - 09/12/07 08:36 PM

Any other suggestions..? No confusion here. IRS Publication 555 states: "Other separated spouses. If you and your spouse are separated but do not meet the four conditions discussed earlier under Spouses living apart all year, you must treat your income according to the laws of your state. In some states, income earned after separation but before a decree of divorce continues to be community income. In other states it is separate income." According to the Arizona ITR 93-18 "Arizona law provides, in general, that income earned by each spouse and income from community assets are community income. Community income is attributable 50 percent to the husband and 50 percent to the wife. Each spouse may also have income from separate assets, such as assets owned prior to marriage or assets acquired by gift or by inheritance. Such income is separate income and is attributable 100 percent to the acquiring spouse."

It is straight forward in states that are not community property states, however Arizona is a community property state and therefore Arizona law prevails over Federal law. This wouldn't be a big deal except I believe we are due a substantial refund and that is the reason he is not supplying the W-2 OR he has already filed a joint return and forged my signature.......


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Avaya
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Re: Community Property State - He won't give up hi [Re: sufferedenuf]
      #292588 - 09/18/07 03:30 PM

Did you and your spouse live apart 'all' of 2006 (as the publication states)? If not, moot point. If you were married and living together on December 31, 2006 (or any part of the year it looks like), you file a return either Married filing jointly or since he wont give you his W-2, you file Married filing separately. I would NOT let his negligence prevent you from filing a timely return. You can file using just your income if that is all you have access to. If you file using your income, the IRS will NOT care about the state of Arizona. I'd rather file using just my W-2 than to argue with the IRS over state provisions.

I repeat - the publication says 'living apart ALL year'. does that apply to all of 2006?

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