Legal Question in Family Law in Illinois

If you are living apart for the last 3 months but still legally married, isn't the tax return for 2009 still 1/2 and 1/2 even if it was just one person's income?


Asked on 2/04/10, 12:03 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Nothing requires a person to fuile a joint return. But if the debt is jointm, the first person to file wins. If that person claims all the deductions, the late filer will get them disallowed by the IRS. The later filer then has no contest that determination. Or they can file a divorce and get a judge to rule on the issue.

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Answered on 2/09/10, 2:26 pm


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