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    calman12's Avatar
    calman12 Posts: 14, Reputation: 1
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    #1

    Feb 10, 2010, 02:12 PM
    Injured or innocent spouse

    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's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 4, 2010, 02:35 PM
    You file the Injured Spouse Allocation, Form 8379.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #3

    Mar 4, 2010, 02:59 PM

    Just file a separate tax return and your tax liability will be separate from hers.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 5, 2010, 02:23 AM

    Either file separate return, or with joint return file Form 8379 (Injured Spouse).
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #5

    Mar 5, 2010, 04:24 AM

    You need to make sure you meet the criteria to file Form 8379 first.
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