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My husband and I have been filing "married filing separately" for 6yrs now and I only claim my social security payments
In that situation your CPA was incorrect. While it is true that 'spousal support' is essentially a transfer of assets between separate parties, since you have been filing separately already, that income transfer (the support) is something that your spouse could claim as transferred to you. Her advice would have been correct if and when you would have filed jointly, but in a separate filing, his transfer of income to you would have to be claimed by you and not by him. Th only suggestion is work with the IRS and potentially create a payment plan so as to pay back the back-taxes owed on the improper filing.
I am sorry!
Please tell me how you came to this answer or where you looked it up so I can research your answer as being true and correct.
I based my answer on IRS reports, not on my own perception. Please see below, specifically IRS Publication 504, which defines how spouses who file separately must file their returns, and that it expressly states that any 'income' received has to be properly denoted. Spousal support is deemed to be 'income' that is being transferred from one spouse to another, and therefore has to be disclosed
Thank you for your explanation.
You are most welcome. Please let me know if I can further explain. Otherwise, if satisfied, I would ask that you re-rate your responses so that your poor rating can be removed and that I can obtain credit for my work. Thank you!
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