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  • Past Due Taxes/New Spouse

    From Stuart O. Bronstein@21:1/5 to All on Thu Jan 26 20:44:00 2023
    Guy who owes past unpaid taxes, has a new spouse. He doesn't mind
    paying the tax or having the IRS take his tax refund (if any). But he
    doesn't want them to take the refund due his new spouse, who he married
    after he ran up the tax debt.

    Can they file a joint return and send in Form 8857 to protect the new
    spouse? Or should they file separate returns?

    Thanks for any clarification you can give.


    --
    Stu
    http://DownToEarthLawyer.com


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  • From Bob Sandler@21:1/5 to All on Fri Jan 27 00:54:23 2023
    Guy who owes past unpaid taxes, has a new spouse. He doesn't mind
    paying the tax or having the IRS take his tax refund (if any). But he >doesn't want them to take the refund due his new spouse, who he married
    after he ran up the tax debt.

    Can they file a joint return and send in Form 8857 to protect the new
    spouse? Or should they file separate returns?

    They can file a joint return with Form 8379, not Form 8857.
    Form 8379 can be included with the return. His new spouse is
    the injured spouse.

    But you said "He doesn't mind paying the tax." If he pays
    the tax that he owes, then he doesn't have to worry about
    any refunds being taken.

    Bob Sandler

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stuart O. Bronstein@21:1/5 to Bob Sandler on Fri Jan 27 11:50:46 2023
    Bob Sandler <[email protected]> wrote:

    Guy who owes past unpaid taxes, has a new spouse. He doesn't mind
    paying the tax or having the IRS take his tax refund (if any).
    But he doesn't want them to take the refund due his new spouse,
    who he married after he ran up the tax debt.

    Can they file a joint return and send in Form 8857 to protect the
    new spouse? Or should they file separate returns?

    They can file a joint return with Form 8379, not Form 8857.
    Form 8379 can be included with the return. His new spouse is
    the injured spouse.

    But you said "He doesn't mind paying the tax." If he pays
    the tax that he owes, then he doesn't have to worry about
    any refunds being taken.

    Thanks Bob. That's exactly the answer I needed.

    --
    Stu
    http://DownToEarthLawyer.com


    --
    This email has been checked for viruses by AVG antivirus software.
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    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)