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The Community Income Reporting Rule

By Mark Schwarz

Only nine states recognize the concept of “community property”: Washington, Idaho, Wisconsin, California, Nevada, New Mexico, Arizona, Texas and Louisiana. The remaining states defer to the “title” in which property is held or income earned. In community property states, the marital relationship is referred to as the “marital community” and each member of that “community” is treated as an undivided one-half partner in income of the other partner. This fictional “marital community” may result in significantly different tax consequences if the parties do not file jointly. In community property states, each spouse reports only one half of his or her income, but must also report one half of the other spouse's income. This may seem like an easy task; however, for couples that remain married but no longer live together, or worse yet, refuse to speak to one another or cooperate in any way, this can quickly become a tax nightmare. Luckily, Congress has thought of, and provided for, this problem ' sort of.

Relief Under IRC Section 66(a) or (b)

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