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dvinegrad
Level 3
04-02-2021
05:02 PM
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Spouse has 28K of unemployment. Husband has $0 unemployment comp. its in community property state of CA When I split out a MFS return, lacerte is excluding 10200 from each spouse. Isnt the 10200 for just the spouse? why would husband get the 10200 unless IRS changed the rule? Dave
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BobKamman
Level 15
04-02-2021
05:05 PM
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IRS didn't make the community-property rule. States with a legal history that can be traced to the Napoleonic code, made the community-property rule. Each spouse has unemployment income. Each spouse gets the exclusion.
If Congress wanted to instruct IRS to ignore community-property law, they could have done so, as they have in other statutes.
