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Married filing separately Filing Status

Level 3

I understand that if one spouse itemizes deductions, both must do so.

My client wants to take the standard deduction as it is significantly higher than her itemized deductions.

Why should she be penalized by being forced to itemize?


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3 Comments 3
Level 15

"Why should she be penalized by being forced to itemize?"

Isn't that a good question to ask the non-cooperative Spouse? Or, perhaps, she is benefiting from them filing MFS, even though it seems not to her specific benefit on her filing?

Have you confirmed that is in their best interest, or do you have no control over the spouse's filing?

It just seems like a good question to ask her Congressman, otherwise. Because we can't confirm she is being penalized. If it was just her, she would not be married.


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Level 15

Why should married couples who follow the rules be penalized when someone wants special treatment?  Of course it's archaic to tax couples while calling it an "Individual Income Tax Return," but Congress apparently has other things on iits mind.  Tell her MFS gets the $!50K ceiling for the unemployment exclusion when a couple, each making $150K and filing jointly, won't.  Maybe that will assuage her selfishness.  

Level 13

She's not being penalized, she's following the law. If she wants to cheat,  I recommend avoiding her, or you will be charged with preparing a false return.

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