Efiling MFS returns

[Max W]

I have a couple separated for 6 years and do not communicate.  Prior to the 2019 return, they could be efiled without 8958 Allocation form for comm. property states.

Now, this year they can not.  Drake is my software.  Is Drake unique, or are any of you finding the same thing with ATX, or any of the others ?

[jklcpa]

There appears to be no way to suppress this form, and I'd guess that it is like that in all the other software too since it is saying this form is a requirement in the community property states.

After so many years apart, do they still have community property and community income, or can your taxpayer file as if all of the wages and other items on the return all belong to your client?  I'm not entirely sure, but it seems like this may be a possibility from the rules on page 8 of pub 555 under the heading for "Community Property Laws Disregarded" and the specific subheadings of "spouses living apart all year" and "certain community income not treated as community income by one spouse."  In that case because the form is still required, wouldn't you report 100% of all the items on the 1040 in column A with allocations of -0- in column B? Would something like that be possible?  

It doesn't seem that unique a situation. What do others do with this since it is a required form that would have to go with a paper-filed return too if filing MFS?

[Max W]

Thanks Judy.  That is exactly what I did, but it still has to be paper filed, because her SSN is missing.  I typed "Not known' into that space and " Unknown" for Income.   I have asked him to try to and get the SSN.

The worst of it is they have a son who lives with him, but she keeps claiming him on her return.   I told him what he had to do to prove the boy lives with him, but he says he doesn't want the hassle. Se la vie.