Injured Spouse in Community Property State

[Karen Lee]

Married couple with one child. All income from husband but since a community property state 1/2 of income is hers and split as such on injured spouse form. Child gives them over $3000. in credits. Husband has back child support. (Long unsubstantiated story about trying to get custody, legal fees etc and ending up with Grandma having kids and Mom just gone blah blah) IRS really doesn't care about the reason for the back child support so we will go forward with what we can do for this couple and child.

After a search on the board I saw where the injured spouse form was "overlooked" by the IRS and hard to get it recognized. I really don't want to tell my client that maybe they will get some refund if the IRS recognizes form. The client wants to "give" the dependency to a grandparent that will give them the extra refund for claiming the child. Since I won't go for that I need to do what I can to get the injured spouse through and be able to give the client a good indication of what to expect for a refund.

Income 21531. w-2

Int 28.

AGI 21559.

Std ded

3 personal exemptions

$66.00 Tax

$66. CTC

2034. FWH

2184. EIC

934. ACTC

Potential refund $5152.

What do you think will happen? I have told my client that I have not done enough Injured Spouse claims to tell them exactly what will happen. My gut feel is that they will get all except 1/2 of FWH. Since that makes sense to me I am sure that is not how it is actually figured.

Thanks

Karen

[kcjenkins]

Include the 8379, it can be efiled now. Give the inocent spouse all the kids, all the std deduction, and all the credits, those do not have to be devided equally. Give her half of the withholdings. She will then get as much as possible of the refund.

[Tax Prep by Deb]

Include the 8379, it can be efiled now. Give the inocent spouse all the kids, all the std deduction, and all the credits, those do not have to be devided equally. Give her half of the withholdings. She will then get as much as possible of the refund.

KC

I had a client who for the past two years has filed the 8379. Her's was not due to back child support, but rather her husband owed back taxes before they were married.

We wrote letters, sent a copy of marriage certificate, and anything else we thought would help. My client was told by the IRS agent that this does not protect the innocent spouse from his debt. This debt was incurred before their marriage! So therefore my client didn't get anything.

In the case of child support, a couple of years ago I had a client that I filed the form for and again the innocent spouse was denied her 1/2 refund.

I had another case several years back in which the client did get the refund but only because she kept calling IRS and complaining. Eventurally she did win.

So basically I tell my clients that it's a 50/50 shot because I've yet to figure out why they denied the other two.

Deb!

[BulldogTom]

I have a client that we have filed injured spouse (both work) for the last 4 years exactly the same way. 2 years she got 1/2 of the refund, 1 year she got her withholding, and another year nothing.

Injured spouse is a crapshoot. You never know what you will get.

Tom

Lodi, CA

[Karen Lee]

OK, will try it and see how it comes out and hope for the best.

Thanks to all.

Karen