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Just-Lisa-Now-
Intuit Community Champion
March 27, 2021
Question

So for CA, since its a community property state, the UI exclusion for MFJ is up to 10200 per person even if only 1 person has UI?

  • March 27, 2021
  • 3 replies
  • 16 views
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3 replies

BobKamman
Level 15
March 27, 2021

I wouldn't rely on a 1992 Tax Court memorandum opinion -- those are not precedent, although they can be cited to illustrate, among other things, that the law is so settled that it doesn't need to be reviewed by more than one judge.  In the Calhoun case, the wife was claiming that none of the unemployment should be taxed to her; the IRS, while having assessed the tax-protester husband for all of it, maintained that she really should at least be assigned half of it.  

The best sources for California community-property laws are California courts, but apparently Spidell couldn't come up with a state case.  Not many of the formerly unemployed can afford a trip to appellate courts.  But really, why is the outcome in doubt?  It's like asking for a Supreme Court decision that the San Andreas fault is going to cause some damage eventually.  

Level 5
April 5, 2021

Anyone know how this works in Georgia on a MFJ return with the equitable division laws?  Are they limited to an exclusion of $10,200 if only one spouse had unemployment income?

BobKamman
Level 15
April 5, 2021

All I know about Georgia law is what gets passed around in political emails, but doesn't "equitable division" apply only to divorce?