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

    Mar 2, 2009, 03:37 PM
    File separately or jointly based on following conditions
    I owe taxes from a early disbursement I took from my 401k several years ago (before I was married). I thought the taxes were paid, but that's a different story. Two years ago I married and we're filed our taxes jointly since then. My question(s): Can we file separately once we've filed jointly? If we file separately, I know my refund will go to to the IRS to pay for my tax debt. Will she still stand to get a refund? Lastly, we own a home together. Can she claim the house solely in hopes of getting a bigger refund?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Mar 3, 2009, 01:24 AM

    May be it is better idea to file joint return and attach Form 8379 (Injured Spouse) with your joint tax return. The IRS will allocate the refund between you and your spouse. But by filing Form 8379, your refund will be delayed by about 2 months.
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