MFS Question

[peggysioux5]

Taxpayer lives in CA, a community property state.  Taxpayer has not filed 2018 tax return yet. In 2018 taxpayer was married and lived with spouse all year. Per taxpayer, taxpayer and spouse planned to file jointly when they did file. However, spouse decided to file on her own last month. She did not ask taxpayer for his tax info and he was under impression that they would be filing together. I understand there are exceptions that allow for spouses to only claim their income in instances where spouses don’t have knowledge of other spouse’s info. However, this situation is convoluted (much like any couple going through a divorce), and taxpayer does have spouse’s info.  Taxpayer would prefer to file claiming 1/2 his income and 1/2 her income.

So my question is this…..taxpayer has spouse’s W2 and tax info for 2018. When he files his tax return, should he file under the community property regs and claim ½ his income and ½ her income if she did not?

How would other tax preparers handle?

PeggySioux