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Given the overall picture I'd vote for a joint return with the injured spouse claim. "Her" money doesn't stay hers even on separate returns because of the community property rules, so he's going to get some of it applied to his liability regardless of filing status. Add to that the "bonus" EIC, and to me joint is a clear winner toward their long-term goals, even if she feels ill-served in the short-run.

I'll pass that info along. It would go quite a way towards getting the overage paid. So they might as well. She can't file electronically, though. The Turbo Tax program she was trying to use wouldn't let her. She'll have to print the return and form and mail them in.

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