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Old 02-15-2005, 05:30 AM
Harlan Lunsford
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Default Re: Form 8379?

Vic Dura wrote:
- quote -

> "misty" <mistyhenthorn[at]sbcglobal.net> wrote:

> > I've already done my taxes and sent in Form 8379. I wanted
> > to know that since my husband(he owes student loans)had no
> > income reported for 2004. I however did, and due a refund of
> > $3,544, my question is this. Since he reported no income,
> > should I get the whole refund back? Thank you in advance for
> > any replies.


> Speaking as a husband:
> Since he had no income in 2004, I assume that he paid no
> taxes and therefore all of the $3544 that you are being
> refunded is money that was deducted from your pay check. If
> it had not been deducted from your pay check, would he have
> received some fraction of it? If not, then he should not
> get part of the $3544.
> My wife says that's too long of an explanations and to
> "..tell her not to give him a cent..."
> Now legally speaking I would think that he as a valid claim
> to half the refund if you file Married Filing Jointly; but a
> good marriage must operate on a more sublime plane than
> legal dictums.


That's "legal dicta"; plural. (grin

When a couple asks me how to split the refund, I first
decline to answer, but if pressed, I simply look at the
separate calculation in my software which splits the joint
return into separate returns, then compare their separate
liabilities with separate federal tax withheld and "award"
them their respective shares.

Whereupon most times they marvel at my ingenuity, then agree
to split the refund 50/50.

ChEAr$,
Harlan Lunsford, EA n LA
Sun 13 Feb 2005

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #2  
Old 02-13-2005, 11:50 PM
D. Stussy
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Posts: n/a
Default Re: Form 8379?

misty wrote:

- quote -

> I've already done my taxes and sent in Form 8379. I wanted
> to know that since my husband(he owes student loans)had no
> income reported for 2004. I however did, and due a refund of
> $3,544, my question is this. Since he reported no income,
> should I get the whole refund back? Thank you in advance for
> any replies.


If you live in a community property state (and were married
all year, thus all income was community income), expect to
see ONLY HALF of the refund.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #1  
Old 02-13-2005, 09:55 PM
Vic Dura
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Posts: n/a
Default Re: Form 8379?

"misty" <mistyhenthorn[at]sbcglobal.net> wrote:

- quote -

> I've already done my taxes and sent in Form 8379. I wanted
> to know that since my husband(he owes student loans)had no
> income reported for 2004. I however did, and due a refund of
> $3,544, my question is this. Since he reported no income,
> should I get the whole refund back? Thank you in advance for
> any replies.


Speaking as a husband:
Since he had no income in 2004, I assume that he paid no
taxes and therefore all of the $3544 that you are being
refunded is money that was deducted from your pay check. If
it had not been deducted from your pay check, would he have
received some fraction of it? If not, then he should not
get part of the $3544.

My wife says that's too long of an explanations and to
"..tell her not to give him a cent..."

Now legally speaking I would think that he as a valid claim
to half the refund if you file Married Filing Jointly; but a
good marriage must operate on a more sublime plane than
legal dictums.

--
To reply to me directly, remove the XXX characters from my
email address.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 
Old 02-11-2005, 06:45 AM
Thomas Healy
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Posts: n/a
Default Re: Form 8379?

"misty" <mistyhenthorn[at]sbcglobal.net> wrote:

- quote -

> I've already done my taxes and sent in Form 8379. I wanted
> to know that since my husband(he owes student loans)had no
> income reported for 2004. I however did, and due a refund of
> $3,544, my question is this. Since he reported no income,
> should I get the whole refund back? Thank you in advance for
> any replies.


It sounds like you filed married separate; you should check
if married filing jointly gives you a higher refund;
normally that would be the case.

--
Tom Healy, CPA
Boulder, CO
Web: http://www.tomhealycpa.com

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
  #-1  
Old 02-10-2005, 07:27 AM
misty
Guest
 
Posts: n/a
Default Form 8379?

I've already done my taxes and sent in Form 8379. I wanted
to know that since my husband(he owes student loans)had no
income reported for 2004. I however did, and due a refund of
$3,544, my question is this. Since he reported no income,
should I get the whole refund back? Thank you in advance for
any replies.

Misty Henthorn

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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