Is it possible for one taxpayer to claim part of the other spouses state and local income taxes paid or withheld in order to reach the $5,000 max on a married filing separate return, specifically where the spouses file separately due to the State's marriage tax penalty? I haven't seen anything to specifically preclude this, but would like some input on whether this is a valid tax planning strategy.
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Unless the couple is domiciled in a community property state, the withholdings are separate properties, so you can't arbitrarily allocate them between the two spouses.
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