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calman12
Feb 10, 2010, 02:12 PM
I got married early in 2009. My wife worked and filed her own taxes while she was single up to 2008. She did not work 2009. I think she has tax liabilities but she does not let me know.
How do I make certain I get my due share of my refund and not apply it to her liabilities. Do I file Innocent spouse or injured spouse form. We do not live in a community state.

AtlantaTaxExpert
Mar 4, 2010, 02:35 PM
You file the Injured Spouse Allocation, Form 8379.

IntlTax
Mar 4, 2010, 02:59 PM
Just file a separate tax return and your tax liability will be separate from hers.

MukatA
Mar 5, 2010, 02:23 AM
Either file separate return, or with joint return file Form 8379 (Injured Spouse).

IntlTax
Mar 5, 2010, 04:24 AM
You need to make sure you meet the criteria to file Form 8379 first.