Discussion:HOH & married & community property

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Revision as of 16:11, 28 April 2009

Discussion Forum Index --> Advanced Tax Questions --> HOH & married & community property
Discussion Forum Index --> Tax Questions --> HOH & married & community property

BEGooding (talk|edits) said:

April 28, 2009
Hello >> taxpayers are married but lived apart for all of 2008 in Texas, a community property state. One qualifies to file HOH. I am having a problem splitting their return (into an HOH and an MFS).


Specifically, I am having a problem finding support in the rules that would allow the HOH spouse to take $3,000 in net capital losses and allow the MFS spouse to take $1,500. It seems if one spouse qualifies to file HOH, then that spouse is not limited by any of the limitations that would apply if they filed as MFS. For example, if they file as HOH, they will not be disallowed from taking the student loan interest deduction. Can anyone help with this issue for an HOH filer that is married? Thanks.

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