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i believe I would disagree with one point. It does not matter whether you violate local law to the IRS. For instance, if you sell marijuana for profit, you are still supposed to report the income on schedule C just like any other entrepreneur. On the other hand the IRS recognizes local property law, i.e. Community property states handle some things differently from the others and then there is common law marriages, all of which are recognized by the IRS if local law dictates. The question here though is whether the live in meets the 5 tests. It sounds like she does.

Joe Varga
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