grammie619
Level 1

client is MFS does not know how husband filed. (as far a itemizing ) she has gambling  in of excess $2million dollars, losses of less the $2 million with a small gain of about $9,000.  I am not sure how to handle this. Can I list the losses even if she does not know if he took standard deduction. In previous years they filed together so it wasn't a problem.  Thanks for any advice you can give me

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IRonMaN
Level 15

Go ahead and itemize.  If the other half of the happy union didn't coordinate that issue, that's on them.  I'm going to take a wild guess that they know the spouse is a gambler.


Slava Ukraini!
grammie619
Level 1

Thank you for your response. I appreciate your help.  

BobKamman
Level 15

The rule is that you can claim the standard deduction only if your spouse does not itemize either.  So she has no choice, she must itemize.

And IRS doesn't send back MFS returns with no SSN for the spouse.  It's all a part of the Great American Tax Myth, that the federal government knows everyone's marital status and partner.  They don't even know whether Social Security recipients are still alive, according to the African-American in charge of cutting the budget.