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URL:  http://boards.fool.com/married-filing-separately-spouse-not-filing-20423848.aspx

Subject:  Married filing separately, spouse not filing Date:  3/3/2004  1:57 AM
Author:  brxkic Number:  70316 of 121595

Hi Fools:

Me again. So I have separated last year, not yet divorced, but soon. My spouse just told me that he has no income to report and is not filing. I am filing and planning on taking the standard deduction.

I have transferred securities to him pursuant to the separation agreement in 2003. Since that is not exactly alimony (since it is not cash), I can't deduct those transfers even though I am technically supporting him.

Question is: if I don't completely trust my spouse' claim that he has no income, should I not take him as an exemption? That is, if I take him as an exemption, would I be liable for his not filing a return even though I file a separate return? My hunch is that I shouldn't take him as an exemption, but just want to make sure I am not missing anything.

Thanks again!
Annie
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