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    abcbarnes's Avatar
    abcbarnes Posts: 1, Reputation: 1
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    #1

    Feb 4, 2008, 05:52 PM
    Married filing separately
    Before my husband and I got married he owed Federal taxes that we have been making payments on. *If we both filed separately, would the IRS take my refund to cover his owed amount?? * We also have a child... *Can I claim the child as a dependent as long as my husband does not?*
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 4, 2008, 06:23 PM
    From my understanding you can actually still file jointly and you can merely file a "injured spouse" which allows you to get back your percent of the refund.
    At least this was what we used to do, I am sure another tax expert will let us know if and how it is still done.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #3

    Feb 6, 2008, 01:42 PM
    Fr Chuck is correct. You can file Form 8379 as an Injured Spouse and get your share of the refund.
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