[WSBAPT] Filing jointly vs separately and effect on CP

[Jennifer Y. Sohn]

Thanks for your responses!

 

Best regards,

 

Jennifer

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, March 27, 2015 4:02 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Filing jointly vs separately and effect on CP

 

Commingling only occurs where assets are mixed together in a way that makes them actually untraceable to their separate property origins.

In re Marriage of Skarbek, 100 Wn. App. 444, 448, 997 P.2d 447 (2000); 

In re Marriage of Pearson-Maines, 70 Wn. App. 860, 866, 855 P.2d 1210 (1993)

 

I don't think a joint tax return would have any effect in that way. How stuff is classified on a tax return won't affect traceability. Lumping together interest income, say, from two separate accounts and a community account won't make it impossible to look at the account records themselves to trace origin.

 

Actually, I wonder about the use of separate returns in previous years. I know the IRS has some funny ideas about how community property income is supposed to be reported. But that's all I know--enough to flag the issue for an accountant.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Y. Sohn
Sent: Friday, March 27, 2015 1:06 PM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Filing jointly vs separately and effect on CP

 

Hi, I was wondering if filing tax returns jointly vs separately has any impact on whether the reported assets are considered community or separate property. One of my clients has kept her separate assets separate from the community property and has also been filing the tax returns separately too. She and her husband are having discussions about filing jointly, and we are wondering if that will be considered commingling. I don’t think it would, but please let me know if you have any insights about this.

 

Thanks in advance.

 

 

Best regards,

 

Jennifer Y. Sohn

Attorney at Law 

(Licensed in CA and WA)

Sohn Law PLLC

10900 NE 4th Street, Suite 1850

Bellevue, WA 98004

Tel: 206.617.7874

Fax: 425.732.9748 

Email:  <mailto:jennifer at sohn-law.com> jennifer at sohn-law.com

 <http://www.sohn-law.com/> http://www.sohn-law.com

 

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