The dependent, if married, must not have filed a joint return with his or her spouse.
The important planning point, though, is that filing a joint return is an election.
Mr. Schmidt prepared a joint return without asking petitioner how she wished to file.
When a joint return was filed with a balance owing, it had always been paid.
He did not make it clear to his client that filing a joint return is an election.
If Terry refuses to sign a joint return, does it mean that Terry is being mean and vindictive?
First, the U.S. Tax Court is not bound by orders compelling the parties to sign a joint return.
FORBES: Nebraska Supreme Court Rules - State Court Cannot Order Joint Federal Return
Innocent spouse cases come from the dark side of the joint return privelege afforded to legally married heterosexual couples.
If the balance due is not going to be paid, filing a joint return is quite likely the wrong answer.
The Nebraska Supreme Court overturned an appellate court decision that an order to file a joint return was valid.
FORBES: Nebraska Supreme Court Rules - State Court Cannot Order Joint Federal Return
On a joint return with Terry those losses would not be currently deductible, because of the higher adjusted gross income.
If, however, Howard and Beth marry on December 31st, 2013 and elect to file a joint return, the damage is significant.
Jane could also manufacture income for that final joint return by Rothifying a retirement account she has from her own employment.
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If the joint return would save you money, the IRS needs to have received your claim before the statute of limitation expires.
They are able to file a joint return or even if filing separately deduct medical expenses that are paid for a spouse.
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Often in divorce negotiations there is an assumption that a joint return will be filed for the final year of the marriage.
He suggested that preparers add a paragraph, which he provides, to engagement or transmittal letters warning about the implications of filing a joint return.
If the full amount of the joint tax is not going in with the joint return, the lower income spouse should probably not sign.
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Most taxpayers and even most practitioners, including many divorce attorneys who should know better, fail to recognize the downside of signing a joint return.
FORBES: Tax Court Not Quick To Find Abuse In Innocent Spouse Case
If the husband and wife filed a joint return, they cannot revoke that decision after the filing time limits for the taxable year have expired.
FORBES: Nebraska Supreme Court Rules - State Court Cannot Order Joint Federal Return
What did the couple gain by filing a joint return ?
FORBES: Tax Court Not Quick To Find Abuse In Innocent Spouse Case
In 1969, Congress changed the rules to provide for a joint return for married persons with a scaled-down deduction equal to less than two single filers.
This is true even if your spouse did not own any interest in the activity and you and your spouse do not file a joint return.
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The area where I see the two fields most commonly overlapping is in the decision of married couples to elect to file a joint return.
Most commonly, a federal income tax claim for refund is generally seized when you subsequently file a joint return with a spouse that owes federal income taxes.
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Jennifer Lynn Dalbey, who was balking at signing a joint return, did not present any reason for not doing it other than that she preferred not to.
FORBES: Nebraska Supreme Court Rules - State Court Cannot Order Joint Federal Return
They cannot, however, amend out of a joint return.
FORBES: Tax Court Not Quick To Find Abuse In Innocent Spouse Case
But if the couple files a joint income tax return, then each of them will be jointly and severally liable for the income tax reported, or properly reportable, on the joint return.
Among them are the right to file a joint return (which is not always quite as much as it is cracked up to be) and the unlimited marital deduction for estate tax purposes.
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